Indiana Judgment Debtor Examination and Asset Discovery

You cannot garnish wages if you do not know where the debtor works. You cannot freeze a bank account without knowing which bank. The debtor examination — conducted during an Indiana Proceeding Supplemental — is how you find out.

What a Debtor Examination Is

A debtor examination is a court-supervised hearing where the judgment debtor must answer questions under oath about their finances. It takes place as part of a Proceeding Supplemental filed under Trial Rule 69(E) and IC 34-55-8, using your original case number.

You file a verified motion. The court issues an Order to Appear. The debtor must show up and answer questions about:

• Where they work and how much they earn
• Bank accounts and balances
• Real estate they own
• Vehicles and other valuable personal property
• Other debts they owe
• Income from self-employment, investments, or government benefits

This is not a trial. There is no jury. It is an administrative proceeding designed to give you the information you need to choose the right enforcement tool.

Questions That Matter

The examination is your one shot to get specific, actionable details. Focus on questions that lead directly to garnishment or levy:

Employment: Who is your employer? What is your job title? How much are you paid? How often? Are you paid by direct deposit? To which bank?

Banking: What banks do you have accounts with? What type of accounts? What are the approximate current balances? Are any accounts joint accounts? Do you receive direct deposits of Social Security, SSI, VA, or Railroad Retirement benefits into any account?

Real property: Do you own any real estate? Where is it located? Is there a mortgage? What do you estimate the property is worth?

Vehicles and personal property: What vehicles do you own? Are they financed? Do you own any boats, equipment, or other valuable property?

Other income: Do you receive income from any source other than your employer — rental income, business income, freelance work, investment dividends?

The debtor must answer truthfully under oath. Under IC 35-44.1-2-1, knowingly making a false, material statement under oath can constitute perjury; an evasive answer alone is not perjury.

What If the Debtor Does Not Show Up

If the debtor was properly served and fails to appear, you can ask the court for a Rule to Show Cause — essentially a contempt proceeding. The court can issue a body attachment order (an arrest warrant for civil contempt) to compel the debtor's appearance.

Trial Rule 69(E) requires service on the debtor under Trial Rule 5 and on any garnishee under Trial Rule 4. The hearing or answer date must be at least 20 days after service. Trial Rule 4.1(A)(3) concerns service of an initial summons and complaint, not post-judgment notice. Non-appearance is common, and the escalation to contempt adds time and a second hearing to the process.

What If the Debtor Claims to Have Nothing

Under Branham v. Varble, 952 N.E.2d 744 (Ind. 2011), Indiana courts cannot order a debtor to seek employment or generate income to pay a judgment. If the debtor is genuinely unemployed and holds no non-exempt assets, enforcement options are limited in the short term.

But limited today does not mean limited forever. Proceedings supplemental are not subject to a 10-year filing limit, though execution issued more than 10 years after judgment or a prior execution requires a motion, leave of court, and 10 days' personal notice unless a statutory exception applies. A judgment is presumed paid after 20 years. Post-judgment interest accrues at 8% unless a lower written-contract rate applies; a higher contract rate is capped at 8%. You can file successive proceedings supplemental as the debtor's circumstances change — provided you allege new facts or changed financial conditions each time.

A judgment lien can attach to real property the debtor acquires in the county where the judgment was entered during the lien's 10-year life. A lien that expires is no longer attached to the property.

Debtor Hiding Assets

If you suspect the debtor is concealing assets — transferring property to family members, hiding cash, or underreporting income — the debtor examination is where you build the record. Specific follow-up questions about recent transfers, closed accounts, and changes in property ownership can establish a pattern.

Indiana courts can sanction debtors for fraudulent transfers and noncompliance with disclosure orders. While the standard for proving hidden assets is high, a detailed examination transcript gives you the foundation.

For the full proceedings supplemental procedure — from filing the motion through conducting the debtor examination to choosing your enforcement tools — the Collecting a Small Claims Judgment in Indiana guide covers every step.

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