What is the process for obtaining a garnishment order in a small claims court case?

In Indiana, a garnishment order may be issued in a small claims court case if one party has been awarded a judgment against the other and the debt is not paid. The party requesting the garnishment must file a writ of garnishment with the court to begin the garnishment process. After the writ is filed, the court will provide notice to the opposing party that a garnishment has been requested and will instruct the party to appear in court to provide evidence regarding its ability to pay the debt. The court will then issue a garnishment order, which orders the garnishee (the party holding the debtor’s money or assets) to turn over the money or property owed to the claimant in order to pay the debt. The garnishee must then provide the court with an answer to the garnishment order, stating the amount of funds or property in possession that can be used to satisfy the debt. If the garnishee does not comply with the garnishment order, the court may impose sanctions, including fines and/or imprisonment. The court may also order a levy on the debtor’s assets, and if the assets are not enough to cover the debt, the court may issue another garnishment order to another garnishee. Once the debt is satisfied, the court will dismiss the garnishment and issue a Satisfaction of Judgment to the claimant. This indicates that the debt has been paid in full and the garnishment order is no longer valid.

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