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.
Title: Understanding Iowa Motion for Default Judgment against Garnishee: Types and Process Introduction: In Iowa, a Motion for Default Judgment against Garnishee is a legal procedure used to enforce a judgment by seizing property or funds owed to a debtor by a third party, known as the garnishee. This detailed description will explain the concept of this motion, its types, and the overarching process involved. Important keywords relevant to this topic include Iowa, motion for default judgment, garnishee, and legal process. 1. Definition and Purpose: A Motion for Default Judgment against Garnishee in Iowa refers to the legal action taken by a judgment creditor to claim the debtor's property or money from the garnishee, who holds those assets on behalf of the debtor. The purpose is to satisfy the outstanding debt owed to the creditor. 2. Iowa Motion for Default Judgment against Garnishee Types: Although there may be additional specific types, two commonly encountered Iowa default judgment motions against garnishees are: — Attachment of Earnings: When the judgment creditor seeks to obtain wages owed by the employer to the debtor, directing a portion to be paid towards the outstanding debt. — Garnishment of Bank Accounts: Involves freezing and seizing funds held in the debtor's bank account(s) by the garnishee, allowing the creditor to access those funds. 3. Process of Filing a Motion for Default Judgment against Garnishee in Iowa: A. Filling out the Necessary Documents: i. Obtain and complete the required forms from the appropriate Iowa court or legal service. ii. Include details such as the debtor's name, garnishee's name, outstanding debt, and supporting evidence. B. Filing the Motion: i. Present the completed motion, along with any supporting documents, to the clerk of the court where the judgment was obtained. ii. Pay the required filing fee, if applicable. iii. Ensure copies of the motion are delivered to all involved parties, including the debtor and the garnishee, through certified mail or other approved methods. C. Service and Response: i. The garnishee is served a copy of the motion, usually by certified mail, providing them a specified amount of time to respond. ii. The garnishee has the opportunity to contest the motion, asserting any legal defense or objections against the request for garnishment. D. Hearing and Judgment: i. If the garnishee fails to respond or adequately contest the motion, the court may schedule a hearing to review the case. ii. At the hearing, the judge will evaluate the evidence presented and determine whether to grant the default judgment against the garnishee or dismiss the motion. Conclusion: The Iowa Motion for Default Judgment against Garnishee tackles the process of enforcing a judgment by seizing the debtor's assets held by a third party. Two common types include Attachment of Earnings and Garnishment of Bank Accounts. By understanding this legal motion, individuals involved in debt collection and legal professionals can navigate the process with confidence.
