The Order for Proceeding Supplemental with Request for Interrogatories - to bank or financial institution with exemption is a court order form that Hamilton County Government lists among its Small Claims Forms for Hamilton Superior Court No. 7 in Indiana. After the judge grants a judgment creditor's verified motion, the order tells the judgment debtor when to appear and tells the garnishee defendant, a bank or financial institution, to answer the attached interrogatories by a set date and to put a hold on an account. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the official PDF is published on the Hamilton County website.
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What is Order for Proceeding Supplemental with Request for Interrogatories - to bank or financial institution with exemption – Hamilton County, IN?
The Order for Proceeding Supplemental with Request for Interrogatories - to bank or financial institution with exemption is the Hamilton Superior Court No. 7 order that grants a judgment creditor's verified motion and directs the judgment debtor to appear and the bank to answer interrogatories.
The caption reads State of Indiana, County of Hamilton, In the Superior Court No. 7 of Hamilton County, with a cause number beginning 29D07-. It names the Judgment Creditor, the Judgment Debtor and the Garnishee Defendant, which the form labels as the bank or financial institution. The order text says the motion is granted, orders the judgment debtor to appear on a stated date and time, and orders the garnishee defendant to return the attached interrogatories by a stated date.
The form also prints:
- a warning that failure to appear may lead to contempt of court and incarceration in the county jail for a period not to exceed 180 days;
- a notice citing I.C. 34-25-3-3 (1998) that the garnishee defendant is accountable for monies in its hands or payable to the judgment debtor from the date of service;
- an instruction to put a hold on an account under I.C. 28-9-3-4, with spaces for the judgment debtor's SSN, the judgment amount and court costs;
- a judge's signature line, a distribution list and three return-of-service blocks for the Clerk and the Sheriff.
The Small Claims Forms page lists a companion Motion for Proceeding Supplemental with Request for Interrogatories - to bank or financial institution for Superior Court No. 7, and separate employer motions. This order is a court order, not a motion.
Who needs to file Order for Proceeding Supplemental with Request for Interrogatories - to bank or financial institution with exemption – Hamilton County, IN?
The main users are judgment creditors in small claims cases in Hamilton Superior Court No. 7 who have filed a verified motion and interrogatories and want the court's order directed to a bank or financial institution. The caption labels the garnishee defendant as the bank or financial institution, so the form fits that situation; the Small Claims Forms page lists separate employer motions for employer garnishees.
The form also reaches other people:
- Judgment debtor: ordered to appear in court on the stated date and time, and warned about contempt for failing to appear.
- Garnishee defendant (bank or financial institution): ordered to answer and return the attached interrogatories by the stated date and to hold the account named in the order.
- Judge, Hamilton Superior Court No. 7: signs and dates the order.
- Clerk and Sheriff: the return-of-service blocks are signed by the Clerk of Hamilton Superior Court No. 7 and by the Sheriff of the county where service is made.
The form lists the judgment creditor, judgment debtor, garnishee defendant and a county sheriff for distribution of copies.
When to file Order for Proceeding Supplemental with Request for Interrogatories - to bank or financial institution with exemption – Hamilton County, IN
The order is prepared after a judgment creditor files a verified motion and interrogatories: the order's own text begins "Judgment Creditor files verified motion and interrogatories (H.I.). Motion granted." The form prints no separate filing deadline for the order itself.
Two dates are written into the order: the date and time the judgment debtor must appear in court, and the date on or before which the garnishee defendant must answer and return the interrogatories. The notice on the form says the garnishee defendant is accountable for monies in its hands or payable to the judgment debtor from the date of service of the summons, so the service date matters for the bank.
Documents you need
- The interrogatories to be answered by the garnishee defendant, attached to the order: the form orders the bank or financial institution to answer and return "the attached interrogatories".
- A copy of the return receipt, attached to the Clerk's return of service when the motion, order and interrogatories are served by mail with return receipt requested.
- The verified motion and interrogatories filed by the judgment creditor: the order is issued on that motion, which the form states is granted.
How to fill out Order for Proceeding Supplemental with Request for Interrogatories - to bank or financial institution with exemption – Hamilton County, IN
Enter the cause number
In the caption, write the case number after the printed prefix CAUSE NO. 29D07-.
Name the parties and addresses
Write the Judgment Creditor and the Judgment Debtor on the left, and the Garnishee Defendant (the bank or financial institution) after AND on the right. Add the street address and city, state, ZIP code lines for the debtor and for the bank.
Set the debtor's appearance date
In the order paragraph, enter the date, the year (20__) and the time, with a.m. or p.m., on which the Judgment Debtor(s) must appear in court.
Set the garnishee's answer date
Enter the date and year on or before which the Garnishee Defendant must answer and return the attached interrogatories.
Identify the account to hold
In the line before "pursuant to I.C. 28-9-3-4", describe the account the Garnishee Defendant is notified to put a hold on.
Add SSN, judgment amount and costs
Enter the Judgment debtor's SSN, then the Judgment Amount and the Court Costs in the spaces provided.
Date the order for the judge
Fill in the Date line above the signature line for the Judge, Hamilton Superior Court No. 7; the judge signs the order.
Complete the distribution list
Under Distribution, write the county on the Co. Sheriff line. The Judgment Creditor, Judgment Debtor and Garnishee Defendant are already listed.
Leave the return blocks to the Clerk and Sheriff
The return of service by mail, the certificate of the Clerk for mail not accepted and the Sheriff's return each have their own blanks and signature lines for the Clerk or Sheriff.
Review and download the completed PDF
Check names, cause number, dates and the account description, then download or print the completed PDF from FillingPDF and handle service as described under How to submit.
How to submit Order for Proceeding Supplemental with Request for Interrogatories - to bank or financial institution with exemption – Hamilton County, IN
The form names no filing address. It sets out how the motion, order and interrogatories are served on the Judgment Debtor and Garnishee Defendant:
- By mail with return receipt requested: the Clerk of Hamilton Superior Court No. 7 certifies the date of mailing and the date the return receipt was received, and attaches a copy of the receipt.
- Registered or certified mail not accepted: if the mailing is returned without acceptance, the Clerk certifies the dates and delivers the documents to the Sheriff of the named county.
- By the Sheriff: the Sheriff's return records service by personal delivery, by leaving a copy at the dwelling or usual place of abode, by serving an agent as provided by rule, statute or valid agreement, or that the person could not be found.
The distribution list shows copies going to the Judgment Creditor, Judgment Debtor, Garnishee Defendant and a county sheriff. The official PDF is published by Hamilton County Government on its Small Claims Forms page at https://www.hamiltoncounty.in.gov/195/Small-Claims-Forms. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving the date and time the judgment debtor must appear blank; the order text requires an appearance date, a year and a time.
- Leaving the garnishee defendant's answer date blank, so the bank has no stated date by which to return the interrogatories.
- Not describing the account in the hold sentence that ends "pursuant to I.C. 28-9-3-4".
- Omitting the cause number after the 29D07- prefix in the caption.
- Omitting the judgment debtor's SSN, the judgment amount or the court costs from the lines printed after the hold notice.
- Sending the order without the Judge's date and signature for Hamilton Superior Court No. 7.
- Using this order when the garnishee defendant is an employer; the caption labels the garnishee defendant as a bank or financial institution and employer documents are listed separately.
- Filling in the Clerk's or Sheriff's return-of-service blocks yourself; they are signed by the Clerk of Hamilton Superior Court No. 7 and the Sheriff of the county.
Frequently asked questions
What is the Order for Proceeding Supplemental with Request for Interrogatories to a bank?
It is a Hamilton Superior Court No. 7 order that grants a judgment creditor's verified motion. It orders the judgment debtor to appear in court and orders the garnishee defendant, a bank or financial institution, to answer attached interrogatories by a stated date and put a hold on an account.
Is this a Hamilton County Indiana property tax form?
No. This is a court order issued in a judgment case in Hamilton Superior Court No. 7, not a form about hamilton county indiana property tax. It covers a judgment debtor's court appearance and a bank's answers to interrogatories; nothing printed on it relates to property tax.
What happens if the judgment debtor does not appear?
The order warns that failure to appear may result in being held in contempt of court and punished by incarceration in the county jail for a period not to exceed 180 days. The appearance date and time are written into the order itself.
What must the bank do after receiving this order?
The garnishee defendant must answer and return the attached interrogatories on or before the date written in the order, and put a hold on the account the order describes under I.C. 28-9-3-4. It is accountable for monies in its hands or payable to the debtor from the date of service.
Who signs this order?
The Judge of Hamilton Superior Court No. 7 signs and dates it. The return-of-service blocks are signed separately by the Clerk of Hamilton Superior Court No. 7 and by the Sheriff of the county where service is made.
How is the order served on the debtor and the bank?
The form provides for mail with return receipt requested, certified by the Clerk. If registered or certified mail is returned without acceptance, the Clerk delivers the documents to the Sheriff, whose return records personal delivery, a copy left at the abode, service on an agent, or that the person was not found.
Is there a version of this order for an employer?
This order names a bank or financial institution as the Garnishee Defendant. The Hamilton County Small Claims Forms page lists separate employer documents, such as the Motion for Proceeding Supplemental with Request for Interrogatories - to employer for Superior Court No. 7.
Can I fill out this order online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, is not connected to Hamilton County, and does not file the order or serve it; service follows the court's channels.
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