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.
A Georgia Motion for Default Judgment against Garnishee is a legal document filed by a party in a lawsuit to request a judgment in their favor when the garnishee has failed to respond or comply with certain obligations. This motion is commonly used in garnishment proceedings where the garnishee, typically a third party holding assets of the debtor, fails to answer interrogatories or appear in court. In Georgia, there are two specific types of Motion for Default Judgment against Garnishee that can be pursued: 1. Motion for Entry of Default Judgment against Garnishee: This motion is filed when the garnishee fails to respond to a summons or fails to answer interrogatories within the required timeframe. The plaintiff, also known as the judgment creditor, may file this motion to request the court to enter a judgment in their favor based on the garnishee's default. 2. Motion for Default Judgment against Garnishee: This motion is filed when the garnishee fails to appear at a scheduled hearing or fails to comply with the court's orders. The judgment creditor can seek a default judgment against the garnishee for their failure to participate or obey the court's instructions. When drafting a Georgia Motion for Default Judgment against Garnishee, it is essential to include the following elements and relevant keywords: 1. Caption: The document should include the name of the court, the parties involved (judgment creditor, judgment debtor, garnishee), case number, and the title "Motion for Default Judgment against Garnishee." 2. Introduction: Begin with a brief introduction stating the background of the case, including the judgment creditor's right to garnish the garnishee. 3. Statement of Facts: Provide a detailed account of the procedural history, including the date of service of summons or orders, dates of deadlines for garnishee's response, and any instances of non-compliance. 4. Grounds for Default Judgment: Articulate the specific grounds for pursuing a default judgment against the garnishee. Emphasize the garnishee's failure to respond, answer interrogatories, appear in court, or comply with court orders. 5. Legal Basis: Identify the relevant Georgia statutes and rules governing garnishment proceedings, such as O.C.G.A. § 18-4-60seconddDDDd O.C.G.A. § 18-4-80 et seq. Explain how the garnishee's actions or lack thereof violate these provisions. 6. Request for Relief: Clearly state the relief sought, which is the entry of default judgment against the garnishee. Specify the amount of money or other assets sought to be recovered by the judgment creditor. 7. Supporting Documentation: Attach relevant documents, such as the original judgment, copies of the garnishment summons and interrogatories served on the garnishee, proof of non-compliance (if any), and any other supporting evidence. 8. Certificate of Service: Conclude the motion by including a certificate of service, indicating that a copy of the motion has been mailed or delivered to the garnishee's attorney or authorized representative. Remember to consult with an attorney or legal professional when filing a Georgia Motion for Default Judgment against Garnishee, as specific requirements and procedures may vary based on the jurisdiction and circumstances of the case.
