Motion for Default Judgment against Garnishee
What is this form?
The Motion for Default Judgment against Garnishee is a legal document filed by a plaintiff when a garnishee fails to respond to a summons related to a garnishment order in a timely manner. This motion requests the court to issue a default judgment against the garnishee for the amount owed to the plaintiff, differentiating it from other motions by emphasizing the garnishee's lack of response as the basis for seeking judgment.
Key components of this form
- Caption that includes the names of the plaintiff, defendant, and garnishee.
- Motion statement outlining the request for a default judgment.
- Details of service date for the writ of garnishment.
- Statement confirming the garnishee's failure to file an answer.
- Amount to be awarded and the applicable state statute reference.
- Notice of hearing with date, time, and location for the motion.
When to use this document
This form is typically used when you, as the plaintiff, have initiated a garnishment proceeding against a third party (the garnishee) to collect on a debt, and the garnishee has failed to respond to the court summons. If you have properly served the garnishee and they do not file an answer, you may seek a default judgment to compel payment of the amount owed.
Who this form is for
This form is intended for:
- Individuals or businesses acting as plaintiffs in a garnishment action.
- Attorneys representing plaintiffs seeking a default judgment against a garnishee.
- Parties involved in debt collection cases who wish to enforce judgments through garnishment.
Completing this form step by step
- Identify the parties involved, including the plaintiff, defendant, and garnishee.
- Enter the appropriate case number and court information.
- Specify the date the writ of garnishment was served on the garnishee.
- State the amount of judgment requested and refer to applicable state statutes.
- Provide the date and details of the hearing scheduled for the motion.
- Sign the document, including the printed name and bar number of the attorney.
Does this document require notarization?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Common mistakes to avoid
- Failing to serve the garnishee properly before filing the motion.
- Not including the specific amount owed in the document.
- Neglecting to file the return of service with the court.
- Missing the hearing date or failing to notify the garnishee of the motion properly.
Advantages of online completion
- Easy access to templates drafted by licensed attorneys ensures legal compliance.
- Immediate download and editability make it convenient to customize for your needs.
- Cost-effective solution compared to hiring a lawyer for simple motions.
Form popularity
FAQ
In most cases, however, default judgment can be obtained through an administrative process, simply by filing a request with the court, and even where an application is required it can in some circumstances be made without notice to the defendant.
Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). File it with the small claims court clerk. Pay the filing fee. If you cannot afford the fee, ask for a fee waiver. The clerk will give you a date for your hearing.
A very important fact you should keep in mind is that California courts do impose a timeline for seeking entry of a default judgment. Specifically, a request for entry of default must be filed within 10 days following a defendant's failure to timely file and serve a responsive pleading.
Default judgments happen when you don't respond to a lawsuit often from a debt collector and a judge resolves the case without hearing your side. In effect, you're found guilty because you never entered a defense. Default judgments are sometimes called automatic judgments because of how fast they can happen.
When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time.
What happens next? When you file your Motion and Affidavit to Set Aside Default, you will get a hearing date and time from the court clerk. At the hearing, the judge will grant or deny the motion. If the judge grants your motion, the default or default judgment will be set aside, and the case will move forward.
If you owe a creditor on a debt like a loan, hospital bill, or credit card, it can't automatically garnish your wages.Once that happens, then the judgment creditor must file papers with the court to start the garnishment process.
Step 1: Make Sure You've Met the Requirements for a Default. Step 2: Decide How You Wish to Proceed. Step 3: Complete the Necessary Forms. Step 4: Complete Your Declaration in Support of Default Judgment. Step 5: Calculate Prejudgment Interest, if Appropriate. Step 6: Copy and Assemble Your Documents.
Generally, if a defendant fails to respond to a complaint you can get a default judgment after 45 days. However, the court system is very slow these days and it can take several months to get the court to issue the default judgment.
