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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After you obtain a judgment, you file a Request for Writ of Garnishment of Wages (DC-CV-065). To complete the form, you need to know the name and address of the debtor's employer, the amount of the judgment and any additional money owed (such as court costs and interest.)
Rule 3-645.) You may be entitled to claim an exemption of all or part of your money or property, but in order to do so you must file a motion with the court as soon as possible. If you do not file a motion within 30 days of when the garnishee was served, your property may be turned over to the judgment creditor.
If you receive an Order of Default, and you want to fight the case, you can quickly file a ?Motion to Vacate an Order of Default.? In this motion, you must tell the court that you want to contest the case and why you did not file your response in time. You must also state the legal and factual basis for your defense.
5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. ... Work With Your Creditor. ... Challenge the Garnishment. ... File a Claim of Exemption. ... File for Bankruptcy.
But generally, you have two courses of action. 1) Filing for an Exemption Can Help. Under Maryland law, you can file an injunction for exemption relief under certain circumstances to protect or ?exempt? some or all of your wages. ... 2) Bankruptcy Can Stop Wage Garnishment in Maryland. ... 3) Recovering Garnishments.
You have the right to contest the garnishment. Use the DC-002, Motion to explain your defense or objection. Once a garnishment begins, the creditor must send you a statement of your payments. The creditor must send the statement within 15 days after the end of each month.
Once 30 days has passed since the original Request for Garnishment (and the garnishee has filed an answer), the creditor can file a Request for Judgment ? Garnishment. A copy of this request must be sent to the garnishee and the debtor.
Subject to the provisions of Rule 2-645.1, this Rule governs garnishment of any property of the judgment debtor, other than wages subject to Rule 2-646 and a partnership interest subject to a charging order, in the hands of a third person for the purpose of satisfying a money judgment.
