Indiana Interrogatories Propounded To Garnishee Defendant is a set of written questions that must be answered in writing and under oath by a garnishee defendant. The purpose of these interrogatories is to obtain information about the garnishee’s assets, financial affairs, and potential ability to pay the judgment debtor’s debt. Indiana’s Rules of Trial Procedure require that interrogatories must be served on the garnishee defendant along with the summons of garnishment. There are two types of Indiana Interrogatories Propounded To Garnishee Defendant: (1) interrogatories to obtain information regarding the garnishee’s assets, financial affairs, and potential ability to pay the judgment debtor’s debt; and (2) interrogatories to determine whether the garnishee defendant is subject to garnishment. The first type of interrogatories may ask the garnishee defendant to provide a list of all assets, liabilities, and income of the garnishee defendant, as well as any other information related to the garnishee defendant’s financial affairs. The second type of interrogatories may ask the garnishee defendant to identify any legal exemptions from garnishment, such as the garnishee defendant’s wages or other income from certain sources, like Social Security or retirement income. The interrogatories may also ask the garnishee defendant to identify any third parties who may have a claim to the garnishee’s assets, such as a lien holder. Once the interrogatories are answered, the creditor may use the information to determine if the garnishee defendant is subject to garnishment and how much of the garnishee defendant’s assets may be used to satisfy the judgment debtor’s debt.
Indiana Interrogatories Propounded To Garnishee Defendant
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FAQ
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
If you reasonably believe that your employer took an adverse action against you based upon the Wage Garnishment Order or the income withholding process, you may file a lawsuit against the employer in a court with jurisdiction.
Limits on Wage Garnishment in Indiana For any given workweek, creditors are allowed to garnish the lesser of: 25% of your disposable earnings, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.
Creditors cannot garnish exempt income, such as Social Security benefits, veteran's benefits, unemployment compensation, and workers' compensation.
The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.
Wage garnishment in Indiana is allowed under Indiana Code Title 34, Article 25, Chapter 3: Garnishment, and IC 24-4.5-5-105, and federal law 15 U.S.C. 1673(a). A judgment-creditor may seek wage garnishment if it is aware of the debtor's place of employment.