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 New York Motion for Default Judgment against Garnishee is a legal procedure in which a creditor seeks to obtain a judgment against a third party, known as the garnishee, who may be holding assets or funds belonging to the debtor. This type of motion is commonly used in debt collection cases where the debtor has failed to satisfy their obligations and the creditor believes that the garnishee possesses the necessary funds to satisfy the debt. There are two main types of New York Motion for Default Judgment against Garnishee: 1. Prejudgment Motion for Attachment: This motion is filed by the creditor before obtaining a judgment against the debtor. It seeks to attach the alleged debtor's property in the hands of a garnishee as a security for potential repayment of the debt. The goal is to prevent the garnishee from transferring or disposing of the assets before the court determines their ownership and their application to satisfy the judgment. 2. Post-judgment Motion for Turnover: This motion is filed by the creditor after obtaining a judgment against the debtor. It aims to compel the garnishee to turn over any assets or funds in their possession that are subject to garnishment, in order to satisfy the outstanding debt. The court may issue an order directing the garnishee to transfer the funds directly to the creditor or to the court-appointed officer responsible for collecting and distributing the payment. Keywords: New York, motion for default judgment against garnishee, creditor, debtor, garnishee, assets, funds, debt collection, legal procedure, attachment, security, post-judgment, turnover, court order. In summary, a New York Motion for Default Judgment against Garnishee is a legal tool employed by creditors seeking to recover debts from debtors by targeting third parties thought to possess their assets or funds. This process involves obtaining court orders to either secure the debtor's assets before obtaining a judgment or to compel the garnishee to hand over the assets after a judgment has been obtained.
