Ind. Elkhart Cnty. Local Rule LR20-TR69-225

225.1. Post-Judgment Proceedings

Post-judgment proceedings shall not be instituted until thirty (30) calendar days have elapsed since the

entry of a final decree or judgment in the records of the Clerk of the Court. The Court may waive this

requirement where it is shown that a party will be unduly harmed by its enforcement or where a rule of

court or statute specifically provides otherwise.

225.2 Filing of Proceedings Supplemental and Interrogatories

Motion for Proceedings Supplemental and Orders for Proceedings Supplemental shall not include

Interrogatories to the garnishee-defendant. Interrogatories to the garnishee-defendant shall be served as

allowed for any other Discovery. Interrogatories shall not be returned to the court, but to the Party issuing

the interrogatories and only filed with the court upon application for garnishment or other final order.

They shall be filed in normal course by e-file if the party is represented by counsel and may be filed in

paper form only if the party is not represented by counsel.

225.3. Notification of Appearance; Local Counsel

If at the time of filing of a proceeding supplemental or any time thereafter, counsel for the moving party or

a party proceeding without an attorney determines that he or she will not attend the hearing in person,

counsel or the moving party shall notify the Court in writing of the substitute or local counsel who will

attend the hearing. Failure to comply with these notification procedures may be enforced by direct

contempt of court.

225.4. Special Post-Judgment Procedures

Unless an emergency or other good cause is shown, any party filing for an extraordinary collection

remedy (that is, account freeze, employment information, or garnishment) shall have previously filed a

proceeding supplemental and interrogatories responses, as appropriate.

225.5. Penalties for Failure to Comply

Unless good cause is shown, the failure of counsel or a moving party to comply with this rule or to appear

for a scheduled hearing on proceeding supplemental may be enforced by contempt of court and may result

in a monetary fine or other appropriate penalty.

225.6. Notice of Debtor Rights

All parties filing a Verified Motion for Proceeding Supplemental under Trial Rule 69 shall include either

on the order page, or on a separate page a Notice of Debtor Rights, with conspicuous language as to a

defendant’s right to appear before a judicial officer.