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.
Title: Understanding the Oregon Motion for Default Judgment against Garnishee Introduction: The Oregon Motion for Default Judgment against Garnishee is a legal process crucial in civil cases involving the garnishment of wages or property. This motion allows the judgment creditor, who is seeking to recover debts owed, to request the court to enter a default judgment against the garnishee, who is the party holding the debtor's assets. This detailed description provides insights into the purpose, types, and procedural aspects of the Oregon Motion for Default Judgment against Garnishee. Types of Oregon Motion for Default Judgment against Garnishee: 1. General Motion for Default Judgment against Garnishee: This is the most common type of motion filed by a judgment creditor when the garnishee fails to respond within the specified period or fails to appear in court. 2. Motion for Default Judgment against Garnishee — Money Judgment: This motion seeks a judgment for the amount owed by the garnishee, usually when the debtor's wages or other assets held by the garnishee have not been released. 3. Motion for Default Judgment against Garnishee — Property Judgment: This type of motion aims to obtain a judgment against the garnishee for specific property or assets of the debtor that were not released or properly accounted for. Key components of an Oregon Motion for Default Judgment against Garnishee: 1. Caption: The motion must have a caption that includes the court's name, case title, and case number. 2. Introduction: The motion should clearly state the identity of the judgment creditor, garnishee, and debtor. It should also mention the date of entry of the order of garnishment. 3. Statement of Facts: This section provides a concise summary of the relevant facts, including the initial judgment, the garnishment order, and the garnishee's non-compliance or failure to respond. 4. Legal Basis: The motion must identify the specific statute or rule that grants the court authority to enter a default judgment against the garnishee. 5. Prayer for Relief: The motion should include a request for the court to enter a default judgment against the garnishee, specifying the relief sought, such as a monetary sum or the release of specific property. Procedural Steps: 1. Filing the Motion: The judgment creditor files the motion with the court in the same case where the original judgment was entered. 2. Notifying Parties: The motion must be properly served on the garnishee and the debtor to ensure they have an opportunity to respond before the court considers the default judgment. 3. Affidavit of Service: The judgment creditor submits an affidavit of service to the court, confirming that the motion was served to the appropriate parties. 4. Judicial Review: Once the motion is filed, the court reviews the request for default judgment against the garnishee, considering the evidence presented in the motion and any responses or objections filed by the garnishee or debtor. Conclusion: The Oregon Motion for Default Judgment against Garnishee is an essential legal tool for judgment creditors seeking to collect on debts owed by using the garnishment process. By filing this motion and following the appropriate procedural steps, creditors can request the court to enter a default judgment against the garnishee, facilitating the potential recovery of funds or assets owed to them.
