Absconding Garnishee; Order of Arrest

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Sec. 6. If the plaintiff or person representing the plaintiff files an affidavit with the clerk stating that the plaintiff or person:

(1) fears that the garnishee will abscond before judgment with intent to defraud the plaintiff; and

(2) believes that the garnishee:

(A) has money, things in action, goods, chattels, or effects of the defendant in the garnishee's possession; or

(B) is indebted to the defendant;

the clerk shall issue an order of arrest against the garnishee and hold the garnishee to bail as in a civil action.

[Pre-1998 Recodification Citation: 34-1-11-24.]

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


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