Prejudgment attachment
Sec. 11. (a) Subject to subsection (c), a plaintiff in an action
brought under this chapter may request an ex parte prejudgment
attachment order from the court against all assets of a defendant
sufficient to satisfy a potential award. If attachment is instituted, a
defendant is entitled to an immediate hearing. Attachment may be
lifted if the defendant:
(1) demonstrates that the defendant's assets will be available for
a potential award; or
(2) posts a bond in an amount that is sufficient to cover a
potential award.
(b) A person against whom a judgment has been rendered under
this chapter (or IC 34-1-70 before its repeal) may not exempt any
property from process to levy or process to execute on the judgment.
(c) Any assets that are:
(1) sought to satisfy a judgment under this chapter (or
IC 34-1-70 before its repeal); and
(2) involved in a forfeiture action or that have been seized for
forfeiture by any state or federal agency;
may not be used to satisfy a judgment until the assets have been
released following the conclusion of the forfeiture action or released
by the agency that seized the assets.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006