Ind. Code » Title 34
Indiana Code

Ind. Code § 34-25-3-1 (2025)

Officers subject to garnishment

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1. (a) This section applies to:

(1) all officers who may collect money by virtue of their office, including:

(A) clerks of the circuit and superior courts;

(B) sheriffs; and

(C) constables;

(2) executors;

(3) administrators;

(4) guardians; and

(5) trustees.

     (b) Persons described in subsection (a) are subject to garnishment at the suit of any creditor who has money or choses in action in the hands of the officer, executor, administrator, guardian, or trustee at the time of the service of the garnishee process, in the same manner as and to the same extent that other persons are subject to garnishment.

[Pre-1998 Recodification Citation: 34-1-11-12.]

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

 

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2001–2021 · leading case: Dennis Garner v. Gregory S. Kempf & Clerk of Vanderburgh Cnty. (garnishee), 93 N.E.3d 1091 (Ind. 2018).
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Dennis Garner v. Gregory S. Kempf & Clerk of Vanderburgh Cnty. (garnishee), 93 N.E.3d 1091 (Ind. 2018). · cites it 8× “” Ind. Code §§ 34-25-3-1 (a)(1)(A), 1(b). But I’m not convinced that bail bonds, despite at times being held by court clerks, are subject to garnishment in the same way that other money held by a third party is.”
Davis v. Carey, 149 F. Supp. 2d 593 (S.D. Ind. 2001). · cites it 2× “, Ind.Code §§ 34-25-3-1 to 34-25-3-15; Ind.”
Dennis Garner v. Gregory Stewart Kempf & Vanderburgh Cnty. Clerk, 70 N.E.3d 408 (Ind. Ct. App. 2017). · cites it 7× “[15] Ind. Code § 34-25-3-1 specifically provides that “all officers who may collect money by virtue of their office, including .”
Squibb v. State Ex Rel. Davis, 860 N.E.2d 904 (Ind. Ct. App. 2007). · cites it 2× “Squibb points to Indiana Code section 34-25-3-1, which states that prejudgment garnishment may be ordered “in all personal actions arising upon contract .”
Quality Leasing Co Inc Inc v. Int'l Metals LLC, No. 1:18-cv-01969 (S.D. Ind. July 9, 2021). · cites it 2× “Garnishment is authorized by Ind. Code § 34-25-3-1 , et seq. and generally requires that "[i]f a judgment-creditor believes a third party possesses or manages property of the debtor subject to execution, the creditor must name the third party as a garnishee-defendant in the…”
Ind. Code § 34-25-3-1(a)(1)(A): 1 case
Dennis Garner v. Gregory S. Kempf & Clerk of Vanderburgh Cnty. (garnishee), 93 N.E.3d 1091 (Ind. 2018). “” Ind. Code §§ 34-25-3-1 (a)(1)(A), 1(b). But I’m not convinced that bail bonds, despite at times being held by court clerks, are subject to garnishment in the same way that other money held by a third party is.”
Ind. Code § 34-25-3-1(b): 1 case
Dennis Garner v. Gregory S. Kempf & Clerk of Vanderburgh Cnty. (garnishee), 93 N.E.3d 1091 (Ind. 2018). “” Ind. Code §§ 34-25-3-1 (a)(1)(A), 1(b). But I’m not convinced that bail bonds, despite at times being held by court clerks, are subject to garnishment in the same way that other money held by a third party is.”
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