(A) Deposit in court before judgment. Before judgment in an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing. Payment of all or part thereof may be directed by the court under any judgment or order, or upon motion and hearing to the rightful owners or upon security or agreement of the parties under the direction of the court.
Rule 67.Deposit in court; payment of judgment
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 67 lets a party deposit disputed money or property with the court before judgment, and separately sets out how a money judgment can be paid afterward and marked satisfied of record.
Full Text of Rule 67
(B) Payment of judgment--Satisfaction entered of record. Unless otherwise directed by the court, payment of money owing under and following a judg- ment may be made to the judgment creditor or his attorney, to the sheriff holding a writ of execution, or to the clerk of the court where the judgment is rendered. If paid to the clerk, the clerk shall notify the person entitled thereto or his attorney and shall pay such sum to him upon receiving a statement of satisfaction required herein. Money received by the sheriff towards satisfaction of the judgment shall be delivered to the clerk of the court where the judgment is rendered who shall then proceed as if the money were paid to him. A party or person receiving payment or satisfaction of a judgment shall furnish to the sheriff, clerk, party or person making payment a signed statement of total or partial satisfaction and any necessary assignment identifying the judgment by cause number and acknowledged as in the case of a deed which, when acquired or delivered to the clerk shall be entered in the records with the judgment. Such statement or any other entry by the clerk showing an assignment, payment or satisfaction of the judgment when certified by the clerk shall be received as evid- ence thereof, may be filed in the lis pendens record or judgment docket as provided in Rule 63.1(B) and when so filed shall serve as constructive notice thereof.
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Trial Rule 67 covers two different moments in a case: before judgment, when money or property is in dispute, and after judgment, when it is time to collect. Section (A) handles the first. If part of what a case is about is a sum of money or the disposition of some other deliverable thing, any party can, after giving every other party notice and getting the court's permission, deposit that money or thing with the court itself rather than holding onto it during the litigation. Once it is deposited, the court decides what happens to it: paying it out under a judgment or order, after a motion and hearing, to whoever the court finds is the rightful owner, or on whatever security or agreement the parties work out under the court's direction.
Section (B) picks up after judgment. Unless the court directs otherwise, a judgment debtor can pay what is owed to the judgment creditor directly, to the creditor's attorney, to the sheriff if a writ of execution is in hand, or to the clerk of the court that entered the judgment. Money that reaches the sheriff has to be delivered to the clerk, who then treats it the same as if the payment had come in directly. Whoever receives payment, whether in full or in part, has to give the person who paid a signed statement acknowledging it, along with any assignment needed to identify the judgment by its cause number, executed the way a deed would be. That statement gets entered in the court's records alongside the judgment, and once the clerk certifies it, it serves as evidence of payment. Filing it in the lis pendens record or judgment docket under Trial Rule 63.1(B) puts anyone checking those records on constructive notice that the judgment has been paid or assigned.
Frequently Asked Questions
Can a party deposit disputed money with an Indiana court before judgment is entered?
Yes. Section (A) allows a party, after giving notice to every other party and with the court's permission, to deposit all or part of a disputed sum of money, or any other thing capable of delivery, with the court before judgment.
Do I need the court's permission to deposit money under Trial Rule 67?
Yes. Section (A) requires both notice to every other party and leave of court before a deposit can be made.
What happens to money deposited with the court under Trial Rule 67(A)?
The court directs its payment, whether under a judgment or order, after a motion and hearing to the party found to be the rightful owner, or according to security or an agreement the parties reach under the court's direction.
How can a money judgment be paid in Indiana?
Unless the court directs otherwise, Section (B) allows payment to the judgment creditor or the creditor's attorney, to the sheriff holding a writ of execution, or to the clerk of the court where the judgment was entered.
What proof do I get that an Indiana judgment has been paid?
Section (B) requires the person receiving payment to furnish a signed statement of total or partial satisfaction, which gets entered in the court's records with the judgment. Once the clerk certifies that statement, it serves as evidence of payment or satisfaction.
How do I put other people on notice that a judgment has been satisfied or assigned?
The satisfaction statement can be filed in the lis pendens record or judgment docket under Trial Rule 63.1(B), which then serves as constructive notice of the payment or assignment to anyone checking those records.
What happens to money paid to a sheriff toward satisfying a judgment?
The sheriff must deliver it to the clerk of the court where the judgment was rendered, and the clerk then proceeds as though the money had been paid directly to the clerk.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 67). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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