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 Rhode Island Motion for Default Judgment against Garnishee is a legal document filed by a plaintiff who has obtained a judgment against a defendant but is yet to collect the awarded amount. When filing a motion for default judgment against a garnishee, the plaintiff seeks to enforce the judgment by requesting the court to order the garnishee, usually a third party holding assets of the defendant, to release the funds or property to satisfy the judgment. There are two main types of Rhode Island Motion for Default Judgment against Garnishee: 1. Rhode Island Motion for Default Judgment against Garnishee — Non-Wage: This type of motion is applicable when the garnishee is any individual or entity other than the defendant's employer. It aims to collect funds or property held by the garnishee for the defendant's benefit, such as bank accounts, investments, or assets. 2. Rhode Island Motion for Default Judgment against Garnishee — Wage: This motion is specific to situations where the garnishee is the defendant's employer. It seeks to collect a portion of the defendant's wages or salary directly from their employer, pursuant to the judgment. When drafting a Rhode Island Motion for Default Judgment against Garnishee, certain crucial elements should be included. These may vary slightly depending on the specific circumstances, but some common elements are: 1. Caption: The motion should start with the caption, which includes the court's name, the case number, and the names of the plaintiff, defendant, and garnishee. This provides essential identification information. 2. Introduction: The motion should begin by stating that the plaintiff has obtained a judgment against the defendant and seeks to enforce it through a garnishment against the garnishee. 3. Description of Garnishee: Provide a detailed description of the garnishee, mentioning their name, address, and their relationship with the defendant (whether an employer or any other third party holding funds). 4. Basis for Default Judgment: Outline the reasons why the motion seeks a default judgment. This typically includes stating that proper service was made on the garnishee, but the garnishee failed to respond or comply with the court's orders within the required timeframe. 5. Amount of Judgment: Specify the amount of the judgment, including the principal amount, any accrued interest, and any additional costs or fees awarded by the court. 6. Relief Sought: Clearly state the specific relief sought, such as ordering the garnishee to release the funds or property within a certain period, or to garnish the defendant's wages. 7. Attachment of Supporting Documents: Attach relevant documents to support the motion, such as the judgment, proof of service on the garnishee, and any prior correspondence with the garnishee. 8. Conclusion: Conclude the motion by requesting the court to grant the default judgment against the garnishee as sought, and to order the garnishee to comply with the garnishment process. It is essential to consult with an attorney experienced in Rhode Island law to ensure accuracy and completeness when filing a Motion for Default Judgment against Garnishee, as specific rules and procedures may apply.
