Ind. Porter Cnty. Local Rule LR64-SC00-1020

1020.10 Contempt. Upon failure of a judgment debtor or garnishee defendant to appear

as ordered for a scheduled hearing, the Court may issue a contempt citation to said person.

1020.20 Body Attachment. Body attachment shall be requested and issued only when:

(1) any party contemptuously fails to comply with a Court Order, or;

(2) the judgment debtor or garnishee defendant previously ordered to appear

for a scheduled hearing was served with a contempt citation and failed to

appear for the contempt hearing, and

(3) the judgment creditor or attorney for judgment creditor has filed a form

entitled AAffidavit in Support of Bench Warrant@ which affirmatively shows

the Court that notice and service has been obtained upon the judgment

debtor, that the address being utilized is current and good, and that sufficient

assets exist upon which a levy can be made; and

(4) Counsel has filed an accounting of all payments on judgments received

exclusive of payments made through the Clerk, together with a balance due

on the account; and

(5) the judgment creditor or attorney has supplied the Clerk of Court with

sufficient identifiers to allow the Civil Sheriff to proceed with body

attachment.

1020.30 Procedure for Contacting Judgment Creditor When Attached Person is

in Custody. Whenever a judgment defendant has been arrested on a Writ of Body Attachment, a

hearing shall be conducted pursuant to Indiana Trial Rule 64. When creditor/plaintiff is

unrepresented, the Court shall conduct hearing without notice to all parties. If creditor is

represented, counsel for creditor shall be given the opportunity to appear and conduct proceedings

supplemental to judgment. Should counsel waive appearance or fail to appear, the Court shall set

bond, if appropriate, and issue an Order for debtor to appear at future court hearings.

1020.40 Judgment Debtor in Jail. No bench warrant or body attachment shall issue for a

judgment debtor already incarcerated on an unrelated matter. A Judgment Debtor shall check the

Department of Correction Locator Website to determine whether the debtor is incarcerated in

Indiana. If incarcerated in the Porter County Jail, the judgment creditor or attorney shall proceed to

the jail to conduct proceedings supplemental to judgment.

1020.50 Setting of Cash Bond. The Court shall set an appropriate bond for the release of

the judgment defendant from incarceration and upon promise to appear for future court

proceedings. The Courts shall agree upon the appropriate cash bond to guarantee future

appearance, which shall not be in the amount of the judgment due.

1020.60 Recall of Body Attachments. A judgment creditor or attorney must timely seek to

have a bench warrant or body attachment recalled, when appropriate. Upon timely filing of a

Motion to Recall Warrant or Body Attachment, the Court shall notify the Civil Bureau of the

Sheriff to recall the warrant.

1020.70 Payment of Cash Bond to Clerk. Upon receiving notice from the Sheriff that a

Bench Warrant or Body Attachment Order has been entered by the Court, a Judgment

Debtor/Defendant may proceed to the Clerk’s Office and post the amount of bond with the Clerk,

who shall notify Court Staff to have the bench warrant recalled immediately. Court Staff shall

obtain a current address from the Judgment Debtor/Defendant and assign a court date for the

Judgment Debtor/Defendant to appear for further proceedings supplemental to judgment, unless the

posting of bond satisfies and releases the judgment.

1020.80 Expiration of Writs of Body Attachment and Civil Bench Warrants. A writ of

body attachment expires 180 days after its issuance. An expired writ may be reissued upon written

request referencing and reaffirming the allegations contained in the original request, accompanied

by an updated Affidavit In Support of Bench Warrant.