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.
The Florida Motion for Default Judgment against Garnishee is a legal document used in the state of Florida to request a default judgment against a garnishee. A garnishee is a third party that owes money to the judgment debtor. In cases where a judgment debtor refuses to pay their debts, a creditor can use the garnishment process to collect the owed amount. However, if the garnishee fails to respond to the garnishment summons or fails to pay the owed debt, the creditor can file a motion for default judgment against the garnishee. There are different types of Florida Motion for Default Judgment against Garnishee, namely: 1. Motion for Default Judgment against Garnishee for Failure to Respond: This type of motion is used when the garnishee fails to respond to the garnishment summons within the specified time frame. The creditor can request a default judgment against the garnishee for failing to acknowledge the debt or provide any valid reason for non-payment. 2. Motion for Default Judgment against Garnishee for Failure to Pay: In cases where the garnishee responds to the garnishment summons but fails to make the required payment, the creditor can file a motion for default judgment against the garnishee. This motion requests the court to issue a default judgment against the garnishee for non-payment. 3. Motion for Default Judgment against Garnishee for Wrongful Claims: On occasion, a garnishee may wrongly claim exemptions or file false information to avoid payment. In such instances, the creditor can file a motion for default judgment against the garnishee for making wrongful claims. This motion seeks a default judgment against the garnishee for withholding the owed funds. To successfully file a Florida Motion for Default Judgment against Garnishee, several key elements need to be included: — Identification of the garnishee and the judgment debtor — Detailed information regarding the garnishment summons and any previous communication with the garnishee — A clear explanation of how the garnishee has failed to comply with the garnishment order — Supporting evidence, such as copies of the garnishment summons, communication records, and any relevant documents — A request for the court to issue a default judgment against the garnishee and enforce the payment It is crucial to follow the proper procedures and deadlines when filing a motion for default judgment against garnishee in Florida. Consulting with a legal professional or using a reputable legal service can ensure the correct preparation and submission of this important document.