What is supplemental proceedings Indiana?
A Proceedings Supplemental is a court-ordered meeting between you and the creditor (the person you owe) to determine what your income, savings and property are. You can make arrangements to pay the creditor, your property can be sold, or your wages can be garnished unless you are judgment proof.
How do I garnish wages in Indiana?
Limits on Wage Garnishment in Indiana Here are the rules: For any given workweek, creditors are allowed to garnish the lesser of: 25% of your disposable earnings, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.
How does a proceeding supplemental work in Indiana?
Proceedings supplemental in Indiana are governed primarily by Indiana Rule of Trial Procedure 69 (E). That rule holds that in order for a judgment creditor to initiate a proceeding supplemental, they must first file a motion with the relevant court, showing: That the person or entity filing the motion actually owns the judgment against the debtor;
What are the rules of trial procedure in Indiana?
Service procedures in Indiana are governed by rules 4 and 5 of the Indiana Rules of Trial Procedure. A judgment creditor must show the court that the debtor was properly and timely notified of the proceeding supplemental. Failure to properly serve the debtor could be grounds for vacating or continuing the hearing.
How are proceedings supplemental different from a trial?
Much of this will depend on the discretion and preferences of the particular court you are in, or the judge you are in front of. In general, though, proceedings supplemental differ most significantly from a trial in that they are post-judgment in nature, meaning that the plaintiff has already proved and won their case.
What are the procedures for a proceeding supplemental?
As noted in the answer to #5, procedures for proceedings supplemental can vary widely from court to court, or county to county. That being said, there are some points of similarity that one can expect regardless of what court he is in. Both parties will be required to appear.