Local Rule L.R. 69-4: Body Attachments; Hearings

N.D. Ind. L.R. 69-4 Body Attachments; Hearings

(a) Requirements for Body Attachments. The court may issue a body-attachment warrant against a judgment debtor only if:

(1) the debtor was served notice of a proceedings-supplemental hearing;

(2) the debtor failed to appear for the hearing;

(3) the judgment creditor filed a petition seeking a hearing for the debtor to show cause for failing to appear;

(4) the debtor was served notice of the show-cause hearing; and

(5) the debtor failed to appear at the show-cause hearing.

(b) Hearing after Arrest. When a judgment debtor is arrested on a body attachment, the court must conduct a hearing at its earliest convenience. The judgment-creditor's attorney will be notified of the hearing by telephone. Attorneys are deemed to have consented to telephonic notice by requesting the body attachment.

(c) Failure to Respond to Telephonic Notice. If the judgment-creditor's attorney fails to respond promptly to the telephonic notice, the court may release the judgment debtor or take other appropriate action.

(d) Appearance at Hearing by Creditor's Attorney. The judgment-creditor's attorney of record must personally appear at the hearing; neither clerical nor secretarial personnel may interrogate an attached judgment debtor.