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IN HB1366
Bill
Status
1/14/2015
Primary Sponsor
David Frizzell
Click for details
AI Summary
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Adds IC 34-55-8-10 to allow judgment creditors to seek court orders compelling judgment debtors unable to pay to appear at proceedings supplementary regarding property, income, or assets.
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Requires courts to grant orders for judgment debtors to appear at least once every 120 days if the creditor claims the debtor recently acquired property subject to levy or begun new employment.
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Mandates courts make property, assets, or income eligible for garnishment upon establishing the debtor acquired assets or employment with a proposed garnishee defendant, subject to applicable exemptions.
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Allows courts to grant garnishment eligibility without additional hearings upon receipt of interrogatories from the proposed garnishee defendant verifying the debtor's property, assets, or employment.
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Awards judgment creditors reasonable attorney's fees, service costs, and court costs if they prevail, with postjudgment fees recoverable only under extraordinary circumstances such as asset hiding or fraudulent conveyance.
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Effective July 1, 2015.
Legislative Description
Proceedings supplementary for judgment debtors. Provides that if it is established at a hearing that a judgment debtor is not able to pay a judgment, the judgment creditor may seek a subsequent order from a court to compel the judgment debtor to appear at a proceeding supplementary concerning the judgment debtor's property, income, or other assets. Provides that if it is established at the proceeding supplementary that a judgment debtor has recently: (1) acquired property or other assets in the care of; or (2) begun new employment with; a proposed garnishee defendant, the court shall make the property, assets, or
Last Action
First Reading: referred to Committee on Judiciary
1/14/2015