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.
Illinois Motion for Default Judgment against Garnishee is a legal process used in Illinois courts to obtain a judgment against a garnishee who has failed to comply with a court-ordered garnishment action. A garnishee is a third party, such as an employer or bank, who holds money or property belonging to the debtor. When a garnishee fails to respond or comply with a garnishment order, the creditor can file a Motion for Default Judgment against Garnishee to seek a judgment against the garnishee for the amount owed to the debtor. This motion is an important step to enforce the court's order and to collect the debtor's money or property through the garnishee. There are different types of Illinois Motion for Default Judgment against Garnishee, depending on the specific circumstances of the case: 1. Motion for Default Judgment against Garnishee for Failure to Answer: This type of motion is filed when the garnishee fails to file an answer to the garnishment within the specified time frame. The creditor can then request a default judgment against the garnishee. 2. Motion for Default Judgment against Garnishee for Failure to Remit Payments: This motion is filed when the garnishee has failed to make the required payments to the creditor after receiving a garnishment order. The creditor can ask the court to enter a default judgment against the garnishee for the unpaid amount. 3. Motion for Default Judgment against Garnishee for Failure to Deliver Property: If the garnishee holds specific property belonging to the debtor, such as a vehicle or real estate, and fails to deliver it as ordered by the court, the creditor can file this motion to seek a judgment against the garnishee for the value of the property. 4. Motion for Default Judgment against Garnishee for Disobeying Court Orders: In some cases, a garnishee may deliberately disobey court orders, such as by hiding assets or providing false information. In such situations, the creditor can file a motion to obtain a default judgment against the garnishee and potentially recover additional damages for their misconduct. To file a successful Motion for Default Judgment against Garnishee in Illinois, the creditor must clearly state the facts of the case, provide evidence of the garnishee's non-compliance, and request the specific relief sought, such as a judgment for the outstanding debt or the value of the property. It is essential to follow the applicable Illinois court rules and procedures when drafting and filing this motion to ensure its effectiveness.
