Section 34-24-4-11 - Prejudgment attachment(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.
Pre-1998 Recodification Citation: 34-1-70-18.
As added by P.L. 1-1998, SEC.19.