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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If your judgment has already expired, you should consult an attorney before taking any action. California judgments last for 10 years from the date they were entered.
Get the form called Notice of Motion to Vacate Judgment from the small claims clerk. 2. Fill the form out and file it with the small claims clerk with a filing fee. You must do this within 30 days of the date of mailing that written on the Notice of Entry of Judgment you received from the court.
How do I file the motion? Get the form SC-135: Notice of Motion to Vacate Judgment. You must explain on the form why you did not come to court. File the form with the Small Claims Court Clerk's Office at the court where your case was heard. Pay the filing fee.
If your judgment has already expired, you should consult an attorney before taking any action. California judgments last for 10 years from the date they were entered. If you win a judgment issued by a federal court, you may start collecting right away.
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you don't have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
Contempt of Court May Land You in Jail That's called ?contempt of court? and it's sometimes used by debt collectors to put you in jail. Before a debt collector can ask the court to garnish your wages or otherwise compel you to pay, you may have to go through a debtor's examination.
For the sheriff to do this, you first need to get a Writ of Execution from the court. This directs the sheriff to enforce your judgment (try to collect the money). Once you have a Writ, you'll then need to fill out more forms that include written instructions to the sheriff that say where to collect the money.
If you do not pay the judgment within 30 days or file a Motion to Vacate the Judgment or Notice of Appeal the judgment creditor can "garnish" your wages. An Earnings Withholding Order (WG-02) tells your employer to send a portion of your paycheck to the Sheriff instead of you.
If you do not pay the judgment, the judge can order you to appear in court. This is called an Application And Order For Appearance and Examination (EJ-125) . You can be ordered into court every 4 months to furnish information to aid in the enforcement of judgment until you pay the judgment.
