Most states have laws that provided that if a garnishee, personally summoned, shall fail to answer as required by law, the court shall enter a judgment against him for the amount of plaintiff's demand.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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-- Rule 55(c) of the Arkansas Rules of Civil Procedure provides that a default judgment may be set aside for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud, misrepresentation, or other misconduct of an adverse party; or (4) any other reason ...
The Writ of Garnishment or Writ of Execution delivered to you with this Notice means that wages, money, or other property belonging to you has been garnished in order to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP YOUR MONEY OR PROPERTY FROM BEING TAKEN, SO READ THIS NOTICE CAREFULLY.
(a) If any garnishee, after having been duly served with a writ of garnishment, shall neglect or refuse to answer the interrogatories exhibited to him or her, on or before thirty (30) days after service of the writ, the court, upon motion of the plaintiff, may issue a notice to the garnishee, requiring him or her to ...
Arkansas Code Section 16-66-208 et. seq. allows for the garnishment of the wages of a judgment debtor by his creditor, so this is also a permitted method for an Arkansas court to use in the collection of unpaid fines, subject to the limits on wage garnishment set forth in this section.
Arkansas has strict laws that allow creditors to garnish up to 25 percent of a person's paycheck as well as their bank accounts. Once a judgment has been entered, the garnishment process usually begins.
For a writ of garnishment form, and instructions on how to proceed with a writ of garnishment, contact the district court clerk. At a minimum you will need the following information: The defendant's place of employment and the address and name of his or her bank if you are garnishing his or her bank account.
Rule 55 - Default (a)When Entitled. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, judgment by default may be entered by the court.
And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arkansas, a judgment lien can be attached to real estate only (such as a house, condo, or land).
