Post Script: When Can Post-Judgment Collection Efforts Begin In Indiana?
November 28, 2018
This follows-up last week's post. Yesterday, I bumped into a lawyer who reads my blog and reminded me that we always must check the local rules of a particular county, including the local smalls claims court rules, for their potential application to a particular situation. Local rules often supplement, or even trump, the state rules of procedure or case law. As an example, the Marion County (Indianapolis) Small Claims Court Rules, specifically Rule LR49-SC00-602 provides:
B. Thirty-Day Rule. A Motion for Proceedings Supplemental shall not be set until thirty (30) calendar days after the date of judgment, except by order of the Court for good cause shown.
The point is that, in certain Indiana venues, post-collection efforts may not begin immediately. Thanks to attorney Robert Burt for the feedback on last week's post.