Ind. Marion Cnty. Civ. Local Rule LR49-TR4.12-202

A. Writ of Attachment Upon failure of a judgment defendant or garnishee to appear as

ordered for a scheduled hearing when either copy or personal service has been obtained and

unless otherwise directed by the Court, the judgment creditor may schedule a hearing on a Rule

to Show Cause as to said individual. If the individual is personally served with the Order to

Appear on the Rule to Show Cause and subsequently fails to appear, the Court may make the

matter eligible for a writ of attachment of the individual. The Presiding Judge in the Court has

the discretion to grant the request for the writ of attachment.

The submission of a writ of attachment shall be made within 30 (thirty) days of the date of

eligibility. The judgment creditor shall provide any identifying information available to assist in

the enforcement of the attachment and shall provide properly completed forms as may be

required by the Court. These forms include:

1. A proposed writ of attachment in which the Court sets the appropriate cash bail (IC

34-49-1-1(b) requires a minimum cash bail in the amount of $100.00)

2. All identifying information available to the Judgment Creditor, including but not

limited to the following:

a. Cause No.

b. Name

c. Address

d. SSN

e. Date of Birth

f. Race

g. Sex

h. Height

i. Weight

j. Hair Color

k. Eye Color

l. Employer

3. Any telephone numbers at which the Court may notify the judgment creditor or

attorney of the individual’s attachment

B. Writ of Attachment-Law Enforcement During Business Hours. Any law enforcement

officer may attach any individual named in the writ of attachment. Once the individual is taken

into custody, the individual is to be brought directly to the issuing Court to handle.

C. After-Hours Protocol. Should a law enforcement officer serve a writ of attachment outside

of business hours, they shall bring that individual to the Initial Hearing Court. The court staff

from the Initial Hearing Court shall require the individual fill out a “Notice of Return on Writ of

Attachment” in lieu of conducting a hearing. The “Notice of Return on Writ of Attachment” will

require the individual provide their current contact information and employment information

under penalties of perjury. The judicial officer on duty shall issue an order to appear for a

hearing on the next available Pro Supp Docket to be served upon the individual. The bailiff will

recall the writ.

D. Writ of Attachment-Calendaring, Expiration and Recall. A writ of attachment expires

120 (one hundred and twenty) days after the date of issuance. Upon issuance of a writ, the Court

staff shall use the electronic case management system to calendar the writ to ensure its

immediate recall upon expiration. The judgment creditor may petition for recall of the writ at

any time prior to the expiration date upon written motion which shall state the reason for the

recall. Upon recall of a writ of attachment, the proceedings supplemental shall be dismissed by

the Court.

Amended effective October 23, 2018