Georgia Motion for Default Judgment against Garnishee

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Multi-State
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US-02714BG
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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.

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FAQ

A motion to set aside may be brought to set aside a judgment based upon: (1) Lack of jurisdiction over the person or the subject matter; (2) Fraud, accident, or mistake or the acts of the adverse party unmixed with the negligence or fault of the movant; or (3) A nonamendable defect which appears upon the face of the ...

Default. If an answer is not filed within 45 days, the garnishee is in default and the plaintiff may file a default (PDF) against the garnishee (employer or bank).

Default Judgment. When case in default; opening as matter of right; judgment. If in any case an answer has not been filed within the time required by this chapter, the case shall automatically become in default unless the time for filing the answer has been extended as provided by law.

If either party is dissatisfied with the judgment, that party may appeal (request a review of the judgment by a higher court). Either the state court or the superior court in the county will hear the appeal, and either party may request a jury trial.

Applicable Georgia Statutes If a defendant fails to respond within those 30 days, the case is deemed to be ?in default.? By statute, a defendant receives a grace period of an additional 15 days to automatically ?open default,? without admitting to the plaintiff's allegations, under O.C.G.A. § 9-11-55(a).

In Georgia, a creditor can garnish your wages, seize money from your checking account, put a lien on your house, and take your car away from you if it is paid off.

If a defendant does not answer a complaint within 30 days after being served, the defendant is in default. It is an unenviable position, but it is not the end of the road. In Georgia, a defendant is allowed an extra 15 days to open default as a matter of right.

If the defendant is unwilling to pay, the plaintiff may: Place a lien on the defendant's property, giving the plaintiff the right to sell the defendant's property to collect the money award. The clerk of the court, when asked by the plaintiff, can place a lien on the defendant's property.

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If an answer is not filed within 45 days, the garnishee is in default and the plaintiff may file a default (PDF) against the garnishee (employer or bank). Apr 18, 1991 — Pursuant to O.C.G.A. § 18-4-91, Garnishee submits this Motion to Open and Modify Default Judgment within 60 days of receiving actual notice of ...Step 1: File Garnishment Affidavit​​ affidavit must be based on personal knowledge, and must contain a sworn statement that the plaintiff has a judgment against ... AGAINST GARNISHEE. The Garnishee having failed to file an answer within forty-five (45) days of actual service, please issue default judgment against garnishee. When a judgment is rendered against a garnishee under Code Section 18-4-90, on a motion filed not later than 60 days from the date the garnishee receives ... Jan 15, 2020 — Fill in all the blank spaces for the principal amount owed, court costs, etc.; and; Include the balance due. Do not forget to date the Affidavit ... On a motion filed not later than 90 days from the date the garnishee was served with such default judgment, the garnishee may, upon payment of all accrued costs ... Garnishee seeks to have the default judgement modified so that the amount of the judgment shall be reduced to an amount equal to the greater of $50.00 or $50.00 ... Now comes the Plaintiff in the above-styled case and traverses the Garnishee Answer or Motion to Modify Default Judgment by saying the same is untrue or legally. Should you fail to file a Garnishee Answer es required by this summons; a Judgment by default will be rendered against you for the amount remaining due on a ...

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Georgia Motion for Default Judgment against Garnishee