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 Pennsylvania Motion for Default Judgment against Garnishee is a formal legal document filed in a Pennsylvania court system, specifically in the context of a garnishment action. It seeks a ruling from the court declaring the garnishee (a third party holding funds owed to the debtor) in default for failing to comply with the court-ordered garnishment process. This motion is typically filed by the judgment creditor (the party owed the debt) when the garnishee neglects to respond to the garnishment summons or fails to remit the required funds to satisfy the debt. The Pennsylvania Rules of Civil Procedure outline the specific guidelines and procedures for filing a Motion for Default Judgment against Garnishee. There are various types of such motions: 1. Motion for Default Judgment against Garnishee due to Non-Response: This type of motion is filed when the garnishee fails to respond within the designated time frame stated in the garnishment summons. The creditor may request that the court find the garnishee in default and award the judgment in their favor. 2. Motion for Default Judgment against Garnishee due to Insufficient or Inaccurate Payment: If the garnishee has responded but has made an insufficient or inaccurate payment towards the debt owed, the creditor can file this motion to request a default judgment against the garnishee to compel them to make the full and accurate payment as ordered by the court. 3. Motion for Default Judgment against Garnishee due to Non-Compliance: When the garnishee fails to comply with the garnishment process, such as refusing to provide the necessary financial information or ignoring court orders, the creditor can file this motion to seek a default judgment against the garnishee. 4. Motion for Default Judgment against Garnishee due to Dissipation of Assets: If the garnishee is suspected of intentionally dissipating their assets to avoid paying the debt, the creditor can file this motion to request a default judgment, arguing that the garnishee's actions have prejudiced the creditor's ability to collect the debt. 5. Motion for Default Judgment against Garnishee and Award of Damages: In some cases, the creditor may also seek additional damages beyond the amount owed by the debtor. This motion requests the court to enter a default judgment against the garnishee and award additional damages, such as interest, attorney fees, or penalties. It's crucial to consult an attorney or legal professional to ensure the correct procedure is followed when filing a Pennsylvania Motion for Default Judgment against Garnishee. Keyword examples for this topic may include Pennsylvania, Motion for Default Judgment, Garnishee, Pennsylvania Rules of Civil Procedure, garnishment summons, judgment creditor, and non-compliance.
