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34-25-3-9. Judgment recovered; liability of defendant or garnishee for costs

IN Code § 34-25-3-9 (2019) (N/A)
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Sec. 9. (a) If the plaintiff wins judgment against the defendant and before the judgment the garnishee:

(1) delivers to the sheriff:

(A) all the defendant's goods and chattels, or other effects in the garnishee's possession subject to execution; or

(B) an inventory of the items described in subdivision (1)(A); and

(2) pays to the sheriff or into court all money due from the garnishee or belonging to the defendant;

the costs in the proceeding against the garnishee shall be paid by the defendant.

(b) If the garnishee does not appear or appears and refuses to accurately confess the matter alleged and at the trial:

(1) the plaintiff recovers judgment against the garnishee; or

(2) the garnishee admits to having possession of money, credits, or effects belonging to the defendant and refuses to pay or deliver the money, credits, or effects;

the garnishee shall pay costs.

[Pre-1998 Recodification Citation: 34-1-11-27.]

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

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