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34-25-3-5. Garnishee's failure to appear or provide information; effect; procedure

IN Code § 34-25-3-5 (2019) (N/A)
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Sec. 5. (a) This section applies to a garnishee who is summoned and:

(1) fails to appear and provide discovery as required by law; or

(2) fails to answer or demur to the matters set forth against the garnishee in the affidavit, additional complaint, or interrogatories.

(b) When a garnishee fails to provide information as described in subsection (a):

(1) the information may be taken as confessed;

(2) judgment may be entered by default; or

(3) the garnishee may be examined under oath concerning all the matters charged in the affidavit or additional complaint.

(c) Proceedings, pleadings, and process under this section must conform to the practice in other cases, as necessary to determine the rights of the parties and render a final judgment.

[Pre-1998 Recodification Citation: 34-1-11-23.]

As added by P.L.1-1998, SEC.20.

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34-25-3-4. Certificate and examination of garnishee; enforcement
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34-25-3-6. Absconding garnishee; order of arrest