Ind. Allen Cnty. Small Cl. Local Rule LR02-TR64-216

(A) Contempt. When a judgment, debtor or garnishee defendant fails to

appear, as ordered for a proceedings supplemental or other hearing, the

judgment creditor may file a Motion for Rule to Show Cause (Contempt) as

to the party that failed to appear as ordered. The Motion for Rule to Show

Cause must be filed within thirty (30) days of the party’s failure to appear for

the proceedings supplemental or other hearing.

(B) Body Attachment. A body attachment may be requested and issued only

when:

1. The judgment debtor or garnishee defendant was personally served with

notice of the contempt hearing. Personal service for purposes of this rule

includes delivery of the notice of hearing to the judgment debtor or

garnishee defendant in person by a sheriff or private process server, or

certified mail delivery signed by the judgment debtor or garnishee

defendant.

2. Proof of service has been filed in the chronological case summary that

the judgment debtor or garnishee defendant was personally served with

notice of the contempt hearing.

3. The judgment debtor or garnishee defendant fails to appear at the

contempt hearing.

4. A request for body attachment is filed within thirty (30) days after the

scheduled contempt hearing.

5. The judgment creditor properly completes and files all pleadings and

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

judgment debtor or garnishee defendant:

(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.

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

or garnishee defendant’s social security number and/or date

of birth.

(C) Procedure When Judgment Debtor/Garnishee Defendant is in

Custody.

1. If a judgment debtor or garnishee defendant is in the custody of the Allen

County Sheriff pursuant to a body attachment, then a hearing shall be

held within forty-eight (48) hours, excluding weekends and holidays,

following the person being taken into custody. Normally the hearing will

be held at the Allen County Jail at 3:00 P.M.

2. Notice of the hearing will be given to the judgment creditor by telephone

at the phone number listed for the judgment creditor in the chronological

case summary.

3. If the judgment debtor or garnishee defendant is released from detention

on a bond, the judgment creditor, judgment debtor, garnishee

defendant, or third party may file a request for hearing to determine

disposition of the bond proceeds.

(D) Procedure When Judgment Debtor/Garnishee Defendant Appears in

Court. When the Court is notified that a judgment debtor or garnishee

defendant with a pending body attachment has appeared prior to being

taken into custody, the Court will notify the judgment creditor of the

appearance of the judgment debtor or garnishee defendant by telephone at

the phone number listed for the judgment creditor in the chronological case

summary. If the judgment creditor does not appear within one (1) hour of

having been called by the Court, the body attachment shall be recalled, the

judgment debtor or garnishee defendant shall be released, and the pending

proceedings supplemental shall be dismissed.

(E) Expiration and Recall of Body Attachments.

1. A body attachment expires one (1) year from the date of issuance.

2. If a judgment creditor intends to file a proceedings supplemental while a

body attachment is active, the judgment creditor shall first file a motion

for recall of the body attachment.

3. At any time while a body attachment is active a judgment creditor,

judgment debtor, or third party may file a motion for recall of the body

attachment.

Amended effective June 1, 2020.