Garnishment Laws in the State of Indiana
- In Indiana, creditors can garnish your wages only after obtaining a judgment.check in macro image by Alexey Klementiev from Fotolia.com
In the State of Indiana, if you do not pay a bill owed a creditor, that creditor may file a complaint against you in court, obtain a judgment against you and garnish your wages. A judgment creditor can go after any disposable earnings that amount to 30 times your state's minimum wage. - According to the Indiana Legislative Services Agency website, as a creditor you cannot obtain a garnishee order for a debtor without having first obtained a judgment against him. All documents must be in writing before they are enforceable by a sheriff.
- In any one week, Indiana law limits garnishments to 25 percent of a garnishment debtor's wages. If the garnishment order involves child support, the law allows the attachment of up to 50 percent of a worker's disposable income. Garnishments arising from small claims court require a filing fee of $15. A support withholding order always takes precedence over a garnishment order, for instance, for a medical bill or unpaid credit card balance.
- Bank garnishments are not difficult to acquire in Indiana. The only requirements are that the creditor issue interrogatories to the bank of the judgment debtor. An interrogatory is a document a garnishee must sign under oath, confirming or denying that such garnishee, in this case a bank, holds funds belonging to the judgment debtor. As a creditor, you can do this for a non-refundable charge of $5.00. If these interrogatories result in a funds freeze, the creditor must wait 90 days until the bank lifts such a freeze.
- In the State of Indiana, if you are wishing to garnish the wages or bank account of someone who you believe has aggrieved you, you must be cognizant of the statutes of limitation. For all contracts, both written and oral, that time frame is six years. For the breach of contract arising from the sale of goods, there is a four-year statute of limitations. For personal injury or property damage cases, the time limit is two years.
- According to the Indiana Legislative Service Agency website, an employer cannot fire a worker for a garnishment or garnishments. This holds true, whether the attachments are from a credit card company or a medical services provider.
Pre-Judgment Garnishment
Wage Garnishment
Bank Garnishment
Statute of Limitations
Employers
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