Ind. Elkhart Cnty. Local Rule LR20-SC11-514

A. Process and Procedures. The process and procedures for release of a judgment shall be pursuant

to the provisions of Indiana Small Claims Rule 11(D).

B. Evidence. Records of the Clerk of the Circuit and Superior Courts are prima facie evidence

regarding payment in full of a judgment, including accrued interest and court costs.

C. Interest Calculation. The date that a payment is entered as received by the Clerk of the Circuit

and Superior Courts shall be the date of receipt for purposes of calculating post-judgment interest.

D. Objection to Release of Judgment. The Court may schedule a hearing on a verified objection to

release of judgment filed by a judgment creditor, if the verified objection is filed within the (thirty)

30-day time requirement as set out in Small Claims Rule 11(D).

Rule LR02-TR69-515. Proceedings Supplemental

A. General Procedure. Proceedings supplemental to execution shall be governed by Trial Rule 69

and applicable statutes.

B. Ten Day Rule. A motion for proceedings supplemental may not be filed until ten (10) calendar

days have elapsed since the date of judgment except by order of the Court. The following notice is

required: Notice of Debtor Rights

C. Six Month Rule. Except by order of the Court, no proceedings supplemental may pend for more

than six (6) months from the date of its filing. At the end of the six (6) month period, any pending

proceedings supplemental shall be dismissed. Subsequent Proceedings Supplemental must follow

the holding in Branham v Varble & Norman Chastain, 952 N.E.2nd 744 (Ind 2011) Indiana Judicial

Branch: Appellate Decisions that states in part that no subsequent proceedings supplemental may be

filed without alleging new facts; that is, the Motion must set forth circumstances that have changed

since the last hearing regarding the defendant’s financial status.

D. Scheduling. All proceedings supplemental shall be scheduled on the small claims calendar. The

judgment debtor shall be served with the proceedings supplemental and order to appear at least

twenty (20) days prior to the scheduled date for the proceedings supplemental.

E. Conduct of Proceedings Supplemental. A judgment debtor or judgment creditor may request that

the proceedings supplemental be conducted before an appointed judicial officer.

F. Proceedings Supplemental Report. Following a proceeding supplemental, the judgment creditor

shall file a chronological case summary entry form notifying the Court regarding the results of the

proceedings supplemental. The report shall be filed no later than one (1) business day after the

proceedings supplemental.

G. Bank Interrogatories. Except by order of the Court, a judgment creditor may not submit

garnishment interrogatories to more than two (2) banking institutions for a proceeding

supplemental.

H. Proceedings Supplemental During Pendency of Garnishment Order. If a garnishment order has

been issued and the judgment remains unsatisfied, an additional proceeding supplemental directed

to the judgment debtor or to another garnishee defendant may only be filed by order of the Court.

I. Agreements to Appear. In any proceedings supplemental the parties may agree to reset the

proceedings supplemental without a court order to appear. If either party fails to appear at the reset

proceedings supplemental, the proceedings supplemental shall be dismissed and no sanctions shall

be issued against either party for the failure to appear.

Rule.LR02-TR64-516. Contempt/Rule to Show Cause/Body Attachment/Writ of

Attachment.

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/Writ of Attachment. A body attachment/writ of 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/writ of 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/Writ of 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 five hundred dollars ($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 Elkhart County Sheriff

pursuant to a body attachment/writ of attachment, then a hearing shall be held within forty-eight (48) hours, excluding weekends and holidays, following the person being taken into

custody.

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

phone number or address as 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 a

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/writ of

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 or the email address 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/writ of 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 Writ of Attachment/Body Attachments.

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

2. If a judgment creditor intends to file a proceeding supplemental while a body

attachment/writ of attachment is active, the judgment creditor shall first file a motion for recall

of the body attachment/writ of attachment.

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

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

Rule LR02-TR69-517. Garnishment Orders

A. General Procedure. All garnishment proceedings shall comply with Indiana Trial Rules 64 and

69 and applicable statutes.

B. Requirements for Garnishment Order to Issue. A garnishment order shall not be issued with

respect to a judgment debtor’s wages or other property without:

1. An active proceeding 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 be issued 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 because 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.

Rule LR02-TR64-518. Post Judgment Writs and Orders

A. Writs. Any request for a writ to satisfy a money judgment shall be scheduled for a hearing.

B. Order. All judgments are paid to the Clerk of the Court.

Rule LR02-SC00-519. Bankruptcy

A. Stay of Proceedings. Upon receiving notification that a judgment debtor has filed bankruptcy; the

Court will issue an order to stay all proceedings in the case with respect to the judgment debtor.

B. Further Proceedings. If the bankruptcy is dismissed or a discharge is not granted, then the

judgment creditor shall file a Motion to Lift Stay of Proceedings before taking any other action in

the case against the judgment debtor. The motion shall include a copy of the dismissal from the

bankruptcy court.

Rule LR02-SC06-520. Discovery

A party that intends to conduct discovery pursuant to Indiana Small Claims Rule 6 shall file a motion for

approval of discovery. The proposed discovery request shall be filed with the motion for review by the

Court. Copies of the motion and proposed discovery request shall be served to all parties consistent with

Indiana Trial Rule 5. The time for responding to the discovery request shall not commence until such time

as the Court approves the discovery request, in whole or in part.

LOCAL PROBATE AND ESTATE RULES

FOR ELKHART COUNTY