Ind. Allen Cnty. Small Cl. Local Rule LR02-TR69-217

(A) General Procedure. All garnishment proceedings shall comply with Ind.

Trial Rules 64 and 69 and applicable statutes.

(B) Requirements for Garnishment Order to Issue. A garnishment order

shall not issue with respect to a judgment debtor’s wages or other property

without:

1. An active proceedings supplemental as to the judgment debtor or waiver

of notice by the judgment debtor.

2. Proof of service on the garnishee defendant of the proceedings

supplemental or interrogatories by certified mail, sheriff’s service, or

private process server.

3. Verification of the judgment debtor’s employment by answered

interrogatories or other credible evidence, or the failure of the garnishee

defendant to answer interrogatories regarding the judgment debtor’s

employment.

4. Verification of the judgment debtor’s ownership interest in a bank

account by answered interrogatories or other credible evidence, or the

failure of the garnishee defendant to answer interrogatories regarding

the judgment debtor’s bank account.

(C) Voluntary Garnishments. When a judgment debtor has entered into an

agreement with the judgment creditor on a payment plan to satisfy the

judgment and further agrees to the issuance of a garnishment order upon

default, no garnishment order shall issue unless the following conditions are

satisfied:

1. There is an active proceedings supplemental pending against the

judgment debtor and the garnishee defendant.

2. A motion is filed by the judgment creditor requesting the issuance of a

garnishment order. A copy of the agreement shall be attached to the

motion.

(D) Stay. If a garnishment order is stayed at the request of the judgment creditor

or as a result of a bankruptcy, then the judgment creditor shall file a Motion

to Lift Stay before the garnishment order can be reactivated.

(E) Release. Upon receipt by the judgment creditor or by the Clerk of the Circuit

and Superior Courts, on the judgment creditor’s behalf, of funds sufficient

to satisfy the judgment, accrued interest, and costs, the

judgment creditor shall immediately file a motion for release of the

garnishment order and shall serve the garnishee defendant with a copy of

the motion.

(F) Issuance of Garnishment Order After Proceedings Supplemental

Hearing. When a garnishment order is issued by the Court, the underlying

proceedings supplemental shall be dismissed.

(G) 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 scheduled hearing on the Motion shall be cancelled

and the Motion for Rule to Show Cause shall be dismissed.

(H) Exemption Hearings.

1. The Court will schedule an expedited hearing on a request by the

judgment debtor or third party to exempt funds in a bank account from

garnishment. The judgment debtor or third party shall bring to the

hearing the last three (3) bank statements for the account and any

documentation which demonstrates the source of funds in the account

such as pay stubs or social security records.

2. If a hearing is scheduled when the judgment debtor requests an

exemption to modify the garnishment of wages, the judgment debtor

shall bring to the hearing their three (3) most recent pay stubs, a family

budget showing income and expenses for the household, and such other

information as requested by the Court.

Adopted effective Jan. 1, 1988; Amended effective Jan. 1, 2007; Amended

effective June 1, 2020.