Indiana Code
Ind. Code § 34-25-2-4 (2026)
Plaintiff's affidavit
✓ current as of May 2026
Sec. 4. The plaintiff or a person representing the plaintiff shall make an affidavit showing:
(1) the nature of the plaintiff's claim;
(2) that the plaintiff's claim is just;
(3) the amount that the plaintiff ought to recover; and
(4) that one (1) of the grounds for an attachment enumerated in section 1 of this chapter is present.
[Pre-1998 Recodification Citation: 34-1-11-4.1.]
As added by P.L.1-1998, SEC.20.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2022–2023 · leading case: Wayne Mfg. LLC v. Cold Headed Fasteners & Assemblies Inc (N.D. Ind. 2022).
Wayne Mfg. LLC v. Cold Headed Fasteners & Assemblies Inc (N.D. Ind. 2022). “Relatedly, Indiana Code § 34-25-2-4 requires that a plaintiff seeking a prejudgment attachment make an affidavit showing “(1) the nature of the plaintiff’s claim; (2) that the plaintiff’s claim is just; (3) the amount that the plaintiff ought to recover; and (4) that one (1) of…”
Vukadinovich v. Posner (N.D. Ind. 2023). “Ind. Code § 34-25-2-4 . Section 34-25-2-5 states that a plaintiff seeking a prejudgment attachment must: execute a written undertaking, with sufficient surety, to be approved by the clerk, payable to the defendant, to the effect that the plaintiff will: (1) duly prosecute the…”
Busbin v. Excavator's Transp., LLC (S.D. Ind. 2023). “] Defendants further note that Indiana Code § 34-25-2-4 requires that a plaintiff seeking remedies such as those sought by Plaintiff make an affidavit showing: (1) the nature of the claim; (2) that the claim is just; (3) the amount to be recovered; and (4) that one of the…”
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