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 Motion for Default Judgment against Garnishee is a legal remedy available in North Carolina when a garnishee fails to respond or comply with a court-ordered garnishment. This motion seeks a judgment against the garnishee for the amount owed by the debtor. In North Carolina, there are two types of default judgments that can be sought against a garnishee: Default Judgment by Operation of Law and Default Judgment by Motion. Default Judgment by Operation of Law: When a garnishee fails to respond or comply with a court-ordered garnishment, North Carolina law enables the judgment creditor to obtain a default judgment against the garnishee. This means that the garnishee is deemed to have admitted liability and the court can enter a judgment against them without the need for a motion or hearing. Default Judgment by Motion: In other cases, a judgment creditor may need to file a Motion for Default Judgment against Garnishee to obtain a judgment. This motion is filed with the court and requests the court to enter a default judgment against the garnishee due to their failure to respond or comply with the garnishment. The motion must include relevant information such as the name and contact details of the garnishee, the case number, the amount owed by the debtor, and evidence of the garnishee's non-compliance. It should also outline the legal grounds for seeking a default judgment and explain why the court should grant the motion. It is crucial to use relevant keywords when drafting a Motion for Default Judgment against Garnishee in North Carolina. Some essential keywords to consider include: 1. Default judgment 2. Garnishee 3. North Carolina 4. Motion 5. Liabilities 6. Court-ordered garnishment 7. Judgment creditor 8. Admitted liability 9. Hearing 10. Non-compliance 11. Case number 12. Debt amount 13. Legal grounds 14. Grant the motion 15. Response failure. By including these keywords and following the proper legal procedure, a judgment creditor can present a detailed and compelling Motion for Default Judgment against Garnishee in North Carolina, seeking a favorable outcome and the collection of the debt owed.
