Ind. Allen Cnty. Civ. Local Rule LR02-TR69-18

Cause/Body Attachment

A. Contempt. When judgment debtor or garnishee defendant fails to appear, as

ordered for a scheduled hearing, the judgment creditor may file a Motion for Rule to

Show Cause and a separate Proposed Order to Show Cause, as to the debtor or

garnishee defendant. The Motion for Rule to Show Cause must be filed within thirty

(30) days of the failure to appear.

B. Body Attachment. Body attachment may be requested and shall be issued only

when:

(1) The judgment debtor or garnishee defendant previously ordered to appear for a

scheduled hearing was personally served with notice of a contempt hearing;

(2) Proof of service of the notice of contempt hearing is filed with the Court;

(3) The judgment debtor fails to appear at the contempt hearing;

(4) The request for body attachment is filed within thirty (30) days of the contempt

hearing at issue; and

(5) The judgment creditor properly completes and files all pleadings and forms

required by the Court. The pleadings and forms currently include for each judgment

debtor:

(a) one (1) Request for Body Attachment;

(b) one (1) Writ of Attachment, which must include a statement setting a bond for

release. (The bond amount shall be set at the lesser of $500.00 or the total

amount remaining unpaid on the judgment including costs and interest); and,

(c) the Warrant Information Card, including the judgment debtor’s social security

number and date of birth.

C. Procedure for Contacting Judgment Creditor When Judgment Debtor is in

Custody. When the judgment creditor requests the issuance of a body attachment, the

creditor shall file with the Court any telephone numbers (not to exceed three (3)) where

the Court may notify the creditor of the judgment debtor’s appearance when the

judgment debtor is taken into custody. Once the Court is notified that the judgment

debtor is in custody, the Court, to the best of its ability and consistent with the continued

performance of its daily responsibilities, shall:

(1) Attempt to contact the creditor at the telephone numbers on file with the Court;

and

(2) Notify the creditor of a time later during the same Court business day when the

judgment debtor will be brought before the Court for questioning by that creditor.

If the judgment creditor fails to appear at the time designated by the Court, then the

judgment debtor shall be released and the underlying proceedings supplemental shall

be dismissed.

D. Procedure for Contacting Judgment Creditor When Judgment Debtor is Not in

Custody. When the Court is notified that the judgment debtor has appeared prior to

being taken into custody, the Court, to the best of its ability and consistent with the

continued performance of its daily responsibilities, shall notify the judgment creditor of

the judgment debtor’s appearance. If the judgment creditor does not appear withinone

(1) hour of having been contacted by the Court, the body attachment shall be recalled,

the judgment debtor shall be released, and the underlying proceedings supplemental

shall be dismissed.

E. Expiration and Recall of Body Attachments.

(1) Expiration. Body Attachments expire one (1) year after issuance, and no further

proceedings supplemental Orders shall be issued within this one (1) year

timeframe.

(2) Recall. If during the pendency of a Body Attachment, the judgment creditor

desires to recall the body attachment, the judgment creditor shall:

(a) file a motion for recall of the Body Attachment; and

(b) state in the motion the reason for the desired recall. Upon the recall of a Body

Attachment, the underlying proceedings supplemental shall be dismissed.

Adopted as Superior Civil Rule 19, September 8, 2000, effective November 1, 2000.

Renumbered as Superior and Civil Rule 69-3, and amended effective December 7,

2006. Amended October 3, 2008, effective January 1, 2009. Amended and renumbered

as Superior and Circuit Civil Rule TR69-19 effective January 1, 2015. Amended in

2018, renumbered as Local Civil Rule LR02-TR69-18, and effective December 1, 2018.

Former Local Civil Rule LR02-TR69-18 abrogated 2018.