Legal Question in Credit and Debt Law in Indiana

body attachment

i just recieved a body attachment in the mail for failure to appear for an unpaid bill about 10 days ago. i am really stressing, and always looking out the window for a cop to come up to my door and arrest me. i live in rochester indiana but the attachment is for porter county. will they come all the way here to pick me up? what should i do? i started paying on this bill. will they drop this knowing i am paying on it?

Asked on 2/01/07, 9:32 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: body attachment

The body attachment was issued by the court because you offended the court's dignity by failing to appear as ordered. So, resuming payment on the judgment will not release the body attachment. It will -- paying on the judgment, that is -- help induce the cooperation of the judgment plaintiff to ask the court to let you off the hook. The Porter County sheriff will probably not come over to Rochester to serve this body attachment, but they might send it to your county's sheriff. Most likely, no one will come, but they will put the order into the system, and the next time you are pulled over for a traffic violation or for jaywalking or for public intoxication, your body will be attached and delivered to Porter County. So I suggest you call the clerk of the Porter court, ask to set up a time to clear yourself on the body attachment, and see what happens. The reason the judgment plaintiff wanted to see you there was so you could be examined about your assets. Maybe all your assets are exempt from execution. See for some of the available exemptions. Good luck.

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Answered on 2/01/07, 11:31 am

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