13 October 2025
/ Adam J. Ruwe
Understanding Proceedings Supplemental (Prosup) Hearings: Tips From Cincinnati Attorney Adam Ruwe
A proceedings supplemental, often referred to as a prosup, is a post-judgment hearing where the debtor is ordered to appear and answer questions under oath regarding income and assets that can be used to satisfy a judgment. Cincinnati Attorney Adam Ruwe is here to break it down and share some practical tips to make the process a little easier to navigate!
The first prerequisite is obtaining a money judgment against the debtor. Once judgment is granted, the judgment creditor must file a “verified motion for proceedings supplemental”. The motion must be served upon the debtor. The debtor is often referred to as the “judgment-defendant.”
Before the Hearing
Along with service on the judgment-defendant, the motion may also be served upon “garnishee-defendants.” Garnishee-Defendant must be served with the motion and orders under Trial Rule 4.6 service. Garnishee-Defendants can include potential financial institutions or employers the creditor believes the debtor may be affiliated with. The Garnishee-Defendants are added to the case as parties and can be ordered to answer interrogatories.
Financial institutions can be served with an order to answer interrogatories, which can identify to the creditor if the debtor has any accounts with the financial institution, the amount on deposit, and if there is an amount on deposit the financial institution is required to put a 90-day hold on the account (subject to any exemptions). Common exemptions include certain retirement accounts, pensions, social security/disability benefits.
Employers can be served with the order to answer interrogatories, which ask the garnishee-defendant to identify if the debtor is an employee of the business, how much the debtor is paid on a weekly/biweekly basis, and any other important information the creditor may need to know to enforce a garnishment order.
During the Hearing
At the prosup hearing, the creditor will ask the debtor questions regarding their assets, income, and financial situation to determine the best remedy to collect on the judgment. The format for the hearing itself depends on the court. Many courts prefer the prosup hearings to be held as “hallway hearings” where the debtor and the creditor’s attorney conduct the hearing in the hallway, then the creditor’s attorney informs the court either in person or via a written report the results of the hearing. Other courts require the hearing to be held in the courtroom, and some courts allow the hearing to be conducted over the phone/virtually.
It is common for the debtor to fail to appear for the hearing. After waiting the appropriate amount of time prescribed by the court, the creditor’s attorney will inform the court of the status.
When is a Matter Eligible for Garnishment?
After the hearing is conducted, the creditor’s attorney can request that the matter be made “eligible for garnishment.” The matter can be made eligible for garnishment for wages or for the amount on deposit with the financial institution so long as the following prerequisites are met:
- The debtor was served with the order to appear for the hearing; regardless as to whether or not the debtor actually appear for the hearing.
- The garnishee-defendants were properly served with the order to answer interrogatories
- The interrogatories have been returned to the court by the garnishee-defendant(s) indicating positive results (positive results indicate that the debtor is employed by the garnishee-defendant or has amounts on deposit with the financial institution).
- The debtor has not shown that wages or amounts on deposit are subject to any exemptions.
If interrogatories have not been returned yet by the garnishee-defendant(s), the matter can be made eligible for garnishment upon return of interrogatories, without the need for further hearing. This means that as soon as the garnishee-defendant does in fact return positive interrogatories, the creditor can file the order for garnishment.
Additional Insights:
- Prosups are an ongoing process, which can be re-filed until the judgment is satisfied. The fact that a prosup hearing has taken place or a garnishment order has been entered does not preclude you from filing another Verified Motion for Proceedings Supplemental and starting the process over again.
- Timing can be important. Many courts have local rules regarding the timing of filing a report with the results of the prosup hearing, especially if it is conducted over the phone/zoom. It is important to know the local rules of the courts you are practicing in.
- It is also important to timely file a Final Order in Financial Institution Garnishment. As mentioned earlier, banks are required to put a 90-day hold on the accounts owned by the debtor when they receive the Order to Answer Interrogatories. This is typically enough time for the hearing to be conducted, and for the creditor to file a garnishment order. However, if you wait too long the hold may expire, and the debtor can move those funds before a garnishment order is finalized.
- Many debtors wish to avoid garnishment and will try to resolve the account at the hearing by requesting a payment plan. It is a good idea to come prepared knowing what your client will accept in lieu of garnishment. For most creditors, garnishment is the preferred method because it does not allow for the debtor to default.
- There are 92 counties in Indiana, and multiple courts in almost all counties. It is important to know the different requirements of each court before moving for a prosup hearing.
If you have any questions on this topic or would like to learn about Weltman’s consumer and/or commercial collections solutions, feel free to connect with Adam at any time.
This blog is not a solicitation for business and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship or be legally binding in any way.
