Legal Question in Credit and Debt Law in Indiana
Garnish a Bank Account
I have a $2,500.00 judgment against the defendant, and want to garnish his bank account. I have 3 cancelled checks I had written him that he cashed at the same bank, so it's probably a good chance this is where he has an account.
Having this information, is the best next step to file a ''Motion for Proceedings Supplemental to the Defendant AND Garnishee Defendant(Bank)'', versus just a Proceeding Supplemental to the Defendant? There seems to be a form for doing both on the Clerks Website, and since there's a good chance he has an account there, I would rather do this and get a ''Hold'' on the account so it cant be closed, than just have a Proceedings Supplemental with the Defendant where he will most likely lie......or does Indiana require you to confirm ALL the assets first? I'm just afraid he will immediately close the account once he realizes he has to provide that information, and that I can garnish it, and if there is even a chance he has an account there, I want to get a hold on it before he gets ideas to close it.
1 Answer from Attorneys
Re: Garnish a Bank Account
You do not say what county clerk's website you are referring to so I have no idea of how good is the form.
That said, a proceedings supplemental to the bank is the only way to garnish a bank account. You might want to verify that he still has that account but that would only take a telephone call.
Nothing keeps you from filing a pro sup motion also the defendant. He may have more assets.
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