Ind. Allen Cnty. Civ. Local Rule LR02-TR69-19

A. General Procedure. A garnishment order shall not issue with respect to a judgment

debtor’s wage or other property without:

(1) An active proceedings supplemental as to the judgment debtor or waiver of notice

by the judgment debtor;

(2) Service on the garnishee defendant of the proceedings supplemental or

interrogatories by

(a) Certified mail,

(b) Sheriff’s service, or

(c) Private process server;

(3) Proof of service on the garnishee defendant of the proceedings supplemental or

interrogatories filed with the Court;

(4) A proposed garnishment order; and

(5) Return of answered interrogatories, other verification of employment by the

garnishee defendant, or failure to answer interrogatories after notice.

B. Voluntary Garnishments. In instances where a judgment debtor has entered a

voluntary agreement for periodic payments to satisfy the judgment and has further

consented to garnishment upon default, notwithstanding the terms of the agreement, no

garnishment order shall issue unless:

(1) an active proceeding supplemental is pending against the judgment debtor and

the garnishee defendant; and,

(2) the judgment creditor files the agreement concerning the default of judgment

debtor.

C. Release. Upon receipt by the judgment creditor or by the Clerk, on the judgment

creditor’s behalf, of monies sufficient to fully satisfy the judgment, any accrued interest,

and costs, the judgment creditor shall immediately file a motion seeking to obtain a

court order releasing the applicable garnishment order and shall forward a copy to the

garnishee defendant(s).

D. Issuance of Garnishment Order After Proceedings Supplemental Hearing.

When a garnishment order is issued by the Court, the underlying proceedings

supplemental shall be dismissed.

E. Issuance of Garnishment Order Prior to Rule to Show Cause Hearing. When a

garnishment order is issued prior to a hearing on a Motion for Rule to Show Cause, any

previously scheduled hearing on the Motion to Show Cause shall be cancelled.

Adopted as Superior Civil Rule 20, September 8, 2000, effective November 1, 2000.

Renumbered as Superior and Circuit Civil rule 69-4, and amended effective December

7, 2006. Amended October 3, 2008, effective January 1, 2009. Amended and

renumbered as Superior and Circuit Civil Rule TR69-20 effective January 1, 2015.

Amended in 2018, renumbered as Local Civil Rule LR02-TR69-19, and effective

December 1, 2018.