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 Maryland Motion for Default Judgment against Garnishee is a legal document that is filed in a court of law in the state of Maryland. This motion is typically filed by a creditor who is seeking to collect a debt from a debtor. In simple terms, a garnishee is a party who holds money or property that belongs to the debtor. The garnishee could be an employer who owes wages to the debtor, a bank holding the debtor's funds, or any other party holding assets that could be used to satisfy the debt. When the debtor fails to pay the debt, the creditor may file a motion for default judgment against the garnishee. This means that the court will be asked to award a judgment in favor of the creditor and allow the garnishment of the debtor's assets held by the garnishee. There are different types of Maryland Motions for Default Judgment against Garnishee, which are filed based on the specific circumstances of the case. Some of these types include: 1. Writ of Garnishment: This type of motion is filed when the garnishee is a third party that owes money to the debtor, such as an employer or a bank. The creditor requests the court to authorize the garnishment of the debtor's wages or bank accounts. 2. Non-Wage Garnishment: In cases where the garnishee is not an employer, but rather holds non-wage assets of the debtor, the creditor may file a non-wage garnishment motion. This could involve bank accounts, stocks, property, or other valuable assets. 3. Interrogatories and Exemptions: In some instances, the garnishee may be unsure about the assets held or is claiming that certain assets are exempt from garnishment. In such cases, the creditor may file a motion requesting the court to issue interrogatories to the garnishee to gather necessary information or to determine exemptions. 4. Fraudulent Transfers: If the creditor believes that the debtor has transferred assets to avoid garnishment intentionally, they may file a motion for default judgment against garnishee based on fraudulent transfers. This motion seeks the court's intervention to reverse the transfer and allow the garnishee to be held responsible for the debt. In summary, a Maryland Motion for Default Judgment against Garnishee is a crucial legal tool for creditors seeking to collect debts from debtors. It allows them to request the court's assistance in obtaining a judgment and garnishing assets held by a third-party garnishee. Different types of motions can be filed depending on the nature of the garnishee and the assets involved.
