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 Virginia Motion for Default Judgment against Garnishee: Definition, Procedure, and Types Introduction: In the state of Virginia, a Motion for Default Judgment against Garnishee is a legal procedure that aims to recover debts owed to a creditor by a debtor. This comprehensive guide will provide you with a detailed description of what the motion entails, its purpose, procedure, and shed light on different types of such motions applicable in Virginia. Keywords: Virginia, Motion for Default Judgment against Garnishee, creditors, debtors, legal procedure I. Definition and Purpose: 1. Virginia Motion for Default Judgment against Garnishee: — In the legal context, a Motion for Default Judgment against Garnishee refers to a request made by a creditor to the court to obtain a judgment against a third party, known as the garnishee, who possesses assets or property owed to the debtor. 2. Purpose: — The aim of this motion is to collect the outstanding debt owed to the creditor by seizing funds held by a garnishee and redirecting them to the creditor. II. Procedure of Filing a Motion for Default Judgment against Garnishee in Virginia: 1. Initiating the Legal Process: — The creditor initiates the process by filing a lawsuit against the debtor for an outstanding debt. 2. Default Judgment: — If the debtor fails to respond or defend the lawsuit within the designated time frame, the court can enter a default judgment against the debtor, thereby making the debt legally enforceable. 3. Motion for Default Judgment against Garnishee: — After obtaining a default judgment against the debtor, the creditor can then file a Motion for Default Judgment against the Garnishee to access the debtor's assets held by the garnishee. 4. Notice to Garnishee: — Once filed, the court issues a notice to the garnishee, informing them of the motion and providing an opportunity to respond or dispute the claims. 5. Garnishee Response: — If the garnishee fails to respond within the specified timeline, the court may issue a default judgment, ordering the garnishee to surrender the debtor's assets to the creditor. III. Types of Virginia Motion for Default Judgment against Garnishee: 1. Garnishment of Wages Motion: — This type of motion is specifically used when the garnishee is the debtor's employer, allowing the creditor to obtain a portion of the debtor's wages to satisfy the debt. 2. Bank Account Garnishment Motion: — If the garnishee is a financial institution, this motion enables the creditor to seize funds held in the debtor's bank account. 3. Property Lien Motion: — In cases where the garnishee possesses the debtor's property, such as a vehicle, home, or other assets, this motion enables the creditor to obtain a lien on the property or seize it and sell it to satisfy the debt. Conclusion: Understanding the Virginia Motion for Default Judgment against Garnishee is crucial in debt recovery cases. By following the proper legal steps, creditors can seek court intervention to seize the debtor's assets held by the garnishee, ensuring a fair resolution. It is essential for all parties involved to consult with legal professionals for accurate guidance and to protect their rights. Keywords: Virginia, Motion for Default Judgment against Garnishee, creditors, debtors, legal procedure, garnishment of wages, bank account garnishment, property lien motion.
