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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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.
