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 Massachusetts Motion for Default Judgment against Garnishee is a legal document typically filed in a civil lawsuit where a debtor owes a creditor money. In this context, the garnishee is a third party (such as an employer or bank) that holds funds belonging to the debtor. When a creditor initiates a lawsuit and obtains a judgment against a debtor, they may seek a Motion for Default Judgment against Garnishee to collect the owed money. This motion is often filed when the garnishee fails to respond or comply with the court's orders regarding the release of funds to satisfy the judgment. Keywords: Massachusetts, Motion for Default Judgment against Garnishee, legal document, civil lawsuit, debtor, creditor, money, garnishee, third party, employer, bank, judgment, lawsuit, funds, collect, owed money, motion, respond, comply, court orders, release, satisfy. There can be different types of Massachusetts Motions for Default Judgment against Garnishee, depending on the specific circumstances of the case: 1. Regular Motion for Default Judgment against Garnishee: This type of motion is filed when the garnishee fails to respond or comply with court orders within the given timeframe. The creditor requests the court to render a default judgment against the garnishee, aiming to collect the owed money by attaching the funds held by the garnishee. 2. Motion for Default Judgment against Garnishee Due to Noncompliance: If the garnishee initially complies with court orders but later fails to adhere to ongoing obligations (such as timely remitting payments), the creditor can file this motion. It seeks a default judgment against the garnishee to ensure compliance and the release of funds. 3. Motion for Default Judgment against Garnishee Based on Objection: In some cases, the garnishee may object to the creditor's attempts to collect funds or challenge the validity of the underlying judgment. If the court dismisses the garnishee's objection or finds it invalid, the creditor may file this motion to request default judgment against the garnishee. 4. Motion for Default Judgment against Garnishee for Unauthorized Disbursement: If the garnishee disburses funds to the debtor without court authorization or in violation of a stay order, the creditor can file this motion. It seeks default judgment against the garnishee to recover the improperly disbursed funds. 5. Motion for Default Judgment against Garnishee to Impose Penalties: When a garnishee repeatedly fails to comply with court orders or intentionally disregards its obligations, the creditor can file this motion. Besides seeking default judgment, this motion aims to impose penalties or sanctions on the non-compliant garnishee. Note: It's important to consult with a legal professional or refer to the Massachusetts Rules of Civil Procedure for specific guidelines, requirements, and procedures for filing a Motion for Default Judgment against Garnishee in Massachusetts.
