To collect on an Indiana judgment, you file an Indiana Motion for Proceedings Supplemental in the same court that entered the judgment, asking the judge to order the debtor into court to disclose assets under oath. The motion is authorized by Indiana Trial Rule 69(E), must be verified, and must contain four specific allegations before the court will issue the order to appear.1Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 69 Execution, Proceedings Supplemental to Execution, Foreclosure Sales Small claims judgments follow the same basic process under Small Claims Rule 11.
What to Gather Before You File
Pull the original case file first. You need the case number, the full legal names of every party exactly as they appear in the court’s records, and a current address for the debtor. Serving papers at a stale address is one of the most common reasons proceedings supplemental stall, so confirm the address before you draft anything.
Then calculate the balance owed as of the date you plan to file. Start with the unpaid principal from the judgment, add any court costs the judge awarded, and add post-judgment interest. Indiana sets post-judgment interest at 8% per year when the parties had no written contract specifying a rate. If the original debt came from a contract with an interest provision, that contractual rate applies after judgment, but Indiana caps it at 8% regardless of what the contract says.2Indiana General Assembly. Indiana Code 24-4.6-1-102 – Rate in Absence of Agreement Running the math close to your filing date keeps the number accurate when the judge sees it.
The Four Allegations Rule 69(E) Requires
The motion must be verified, meaning you sign it under oath or attach an affidavit, and it must state four things:1Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 69 Execution, Proceedings Supplemental to Execution, Foreclosure Sales
- That you own a valid, described judgment against the debtor in this court.
- That you have no reason to believe levying execution against the debtor’s property will satisfy the judgment. This is the allegation that justifies asking the court to intervene, because it tells the judge you cannot simply send a sheriff to seize enough property to cover the debt.
- That the court should order the debtor to appear and answer questions about non-exempt property that can be applied toward the judgment.
- If a third party such as the debtor’s employer or bank is being named as a garnishee, that this party holds property or owes money to the debtor, along with a request that the court order the garnishee to appear and answer as well.
When the motion satisfies all four points, the court will issue an order for the debtor and any garnishee to appear without notifying the debtor first. That ex parte order is what starts the clock on scheduling the hearing.
Filling Out the Form
Indiana has no single statewide version of this form. Many county clerks publish their own templates, and the Indiana Judicial Branch posts samples on its website. Clark County’s template, for example, walks you through the case number, plaintiff’s name, defendant’s name and current address, and the unpaid judgment amount including costs and interest.3Clark County Clerk of Courts. Indiana Motion for Proceedings Supplemental Form Use your county’s template if one exists; judges prefer the format they are used to seeing.
If you are drafting the motion from scratch, include a caption that matches the original case, a body containing the four Rule 69(E) allegations, and a verification clause where you swear the contents are true. Many creditors also attach written interrogatories, which are questions the debtor must answer in writing about bank accounts, real estate, vehicles, and employment. Trial Rule 69(E) permits you to submit interrogatories with the motion, and the court can order the debtor to answer them in addition to, or instead of, appearing in person.1Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 69 Execution, Proceedings Supplemental to Execution, Foreclosure Sales
Where to File and What It Costs
File the completed motion in the court that entered the original judgment. Indiana attorneys must use the statewide Indiana E-Filing System for all court filings; an attorney who wants an exception has to petition the judge and show good cause.4Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 87 Electronic Filing If you are representing yourself, e-filing is encouraged but not required. You can file the paper motion at the county clerk’s window instead, and it helps to bring extra copies so the clerk can stamp and return one for your records.
The Indiana Trial Court Fee Manual does not list a separate filing fee for proceedings supplemental motions.5Indiana Supreme Court. Indiana Trial Court Fee Manual You will owe a $28 sheriff service fee if you choose sheriff service. The fee manual allows one additional $28 service fee per case for post-judgment service, so this cost is capped rather than accumulating with repeated filings. Ask the clerk’s office in your county whether any additional local fees apply before you file.
Serving the Order on the Debtor
Once the clerk processes the motion and the judge signs the order to appear, getting that order into the debtor’s hands is your responsibility. The debtor is served under Trial Rule 5, the standard rule for parties already in the case. A third-party garnishee must be served under Trial Rule 4, the more formal process used to bring a new party into a lawsuit.1Indiana Rules of Court. Indiana Rules of Trial Procedure – Rule 69 Execution, Proceedings Supplemental to Execution, Foreclosure Sales
You generally have two practical options for serving the debtor. Sheriff service costs $28, and the county sheriff will personally deliver the papers and file a return of service that is hard for the debtor to dispute.5Indiana Supreme Court. Indiana Trial Court Fee Manual Certified mail with a return receipt is the other route: send the order, and when the green card comes back to the clerk’s office, it serves as proof the debtor received the papers. Write the case number on the card so the clerk can match it to your file.3Clark County Clerk of Courts. Indiana Motion for Proceedings Supplemental Form
If you cannot get the debtor served before the hearing date, the hearing will not go forward. This is where many proceedings supplemental stall out. The debtor avoids service, the hearing gets continued, and the creditor has to start the service process over. Stay on top of this step.
What Happens at the Hearing
At the hearing, the debtor testifies under oath about their financial situation. You or your attorney can ask about employment, wages, bank accounts, real property, vehicles, investments, and any other assets that might satisfy the judgment. The court can also review answers to any written interrogatories submitted with the motion. This is essentially a focused deposition, and lying under oath carries the same consequences as perjury in any other court proceeding.
The judge can order several outcomes based on what the hearing reveals. The court may direct the debtor to turn over specific non-exempt property or apply it toward the judgment. If the debtor has wages, the court can enter a garnishment order directing the employer to withhold a portion of each paycheck. If the debtor has money in a bank account, the court can order the bank to freeze and turn over those funds, minus any exempt amounts.
Not everything the debtor owns is reachable. Indiana law protects a homestead, retirement accounts, health savings accounts, education savings, earned income tax credit refunds, VA disability benefits, and prescribed health aids, among other categories, under Indiana Code 34-55-10-2.6Indiana General Assembly. Indiana Code 34-55-10-2 – Bankruptcy Exemptions; Limitations Social Security benefits are also broadly protected under federal law from ordinary civil judgment creditors.7Social Security Administration. Levy and Garnishment of Benefits If the debtor’s only assets fall into these categories, the hearing may confirm there is nothing to collect right now, though that picture can change later.
If the Debtor Does Not Appear
A debtor who was properly served and still skips the hearing faces real consequences. The court can issue a rule to show cause, which is an order demanding the debtor explain why they should not be held in contempt. If that does not produce compliance, the court may issue a writ of body attachment under Indiana Code 34-47-4-2, directing a sheriff to take the debtor into physical custody and bring them before the judge.8Indiana General Assembly. Indiana Code 34-47-4-2 – Writ of Attachment of the Body of the Person
The writ must set a bail amount, and the sheriff can serve it in any county in Indiana. Once in custody, the debtor stays there until they post bail or are brought before the court. This is a civil enforcement mechanism rather than a criminal arrest, but the practical effect is the same: the debtor is detained until they cooperate.
How Long You Have to Collect
An Indiana judgment creates a lien on the debtor’s real property in the county where it is recorded, and that lien lasts 10 years from the date the judgment was entered.9Indiana General Assembly. Indiana Code 34-55-9-2 – Liens Upon Real Estate and Chattels Real Time when the creditor was prevented from enforcing the judgment, whether by an appeal, an injunction, the debtor’s death, or an agreement on the record, does not count against the 10-year window.
You can file proceedings supplemental more than once during that period. A debtor who is judgment-proof today may start a new job or inherit property next year. Many creditors file a new motion every 12 to 18 months to check whether the debtor’s financial picture has improved. The creditor who keeps filing is the one who eventually collects.