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Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 38183
Experience:  16 years practicing criminal defense.
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What does this mean? The court now orders a body attachment

Customer Question

What does this mean? The court now orders a body attachment issued for the arrest of the respondent and the same is made returnable forthwith. Escrow set at $500.00 cash. does this mean if monies paid, there is no arrest?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will do whatever I can to help...Can you tell me what state this is in?.Is this for child support?..thanksBarrister
Customer: replied 2 years ago.
Indiana and yes for support
Expert:  Barrister replied 2 years ago.
Ok, then what that means is that the sheriff is directed to take the person into custody, but they can pay a bond amount equal to $500 to be released from custody. (Indiana Code 34-47-4-2) So if the person was to go to the Sheriff's office and pay the escrow amount, that would prevent them from being arrested later at an unplanned time....thanksBarrister
Customer: replied 2 years ago.
So, that escrow gets paid at the sheriff's office not at the clerks office
Expert:  Barrister replied 2 years ago.
The sheriff will take you to the clerk of the court to deposit the escrow amount..A sheriff may serve a writ of attachment and take the person into custody in any county. (d) If an assisting sheriff takes a person into custody, the assisting sheriff shall notify the sheriff. The sheriff, after notification, shall immediately return the person to the county in which the writ was issued and take the person before the court that issued the writ. However, the sheriff may release the person: (1) on bail as in criminal matters; or (2) after any person has deposited the amount of escrow in accordance with subsection (e). (e) The escrow shall be: (1) deposited with the clerk of the court; (2) an amount: (A) fixed by the court; and (B) not more than any delinquent child support allegedly owed by the person to another; and (3) subject to a court ordered attachment for satisfaction of delinquent child support and interest under IC 31-14-12-1...thanksBarrister
Customer: replied 2 years ago.
Thank you
Expert:  Barrister replied 2 years ago.
You are very welcome. Glad to help any time. It might be possible for the person to go down to the clerk's office directly to pay the escrow amount and have the warrant set aside. So that might be something that the person would want to call the clerk and ask about...thanksBarrister