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.
The Washington Motion for Default Judgment against Garnishee is a legal procedure used when a garnishee fails to respond to a garnishment action, resulting in a default judgment being sought by the requesting party. In this detailed description, we will explore the process, requirements, and different types related to the Washington Motion for Default Judgment against Garnishee. Keywords: Washington, Motion for Default Judgment against Garnishee, legal procedure, garnishee, garnishment action, default judgment, requesting party Overview: The Washington Motion for Default Judgment against Garnishee is a fundamental legal procedure employed when a garnishee neglects to respond to a garnishment action. When a judgment creditor initiates a garnishment, they typically serve the garnishee with a writ demanding the disclosure and transfer of assets owed to the judgment debtor. The garnishee has a specific timeframe to respond. Failing to respond within this time frame could lead to the judgment creditor filing a Motion for Default Judgment against Garnishee. Requirements: To file a Motion for Default Judgment against Garnishee in Washington, certain requirements must be met. Firstly, the judgment creditor must have already served the garnishee with a writ of garnishment and allowed the specified response period to elapse, typically around 20 days. If the garnishee fails to respond, the judgment creditor can proceed with filing the motion. Additionally, the judgment creditor should provide all necessary supporting documentation, such as the writ of garnishment, evidence of service, and proof of the garnishee's non-response. Types: Different types of Washington Motion for Default Judgment against Garnishee may arise depending on the case's specific circumstances. Here are a few notable examples: 1. Regular Default Judgment against Garnishee: This type is applicable when the garnishee completely fails to respond within the allotted timeframe or neglects to comply with the requirements outlined in the writ of garnishment. The judgment creditor can request a default judgment against the garnishee due to their non-responsive behavior. 2. Material Non-Disclosure Default Judgment against Garnishee: If the garnishee fails to disclose material information relevant to the judgment debtor's assets, such as bank accounts, employment details, or property holdings, this type of default judgment may be pursued. The garnishee's deliberate withholding of vital information can trigger severe consequences. 3. Evasive Default Judgment against Garnishee: In certain scenarios, the garnishee might intentionally attempt to evade the garnishment action by engaging in deceptive practices or transferring assets to avoid seizure. A default judgment against the garnishee can be sought if their actions are deemed evasive and intended to hinder the judgment creditor's rights. In conclusion, the Washington Motion for Default Judgment against Garnishee is a crucial legal process used when a garnishee fails to respond to a garnishment action. By filing this motion, the judgment creditor seeks to obtain a default judgment, whereby the garnishee's non-compliance can result in severe repercussions. Different types of default judgments may be pursued based on the specifics of the garnishee's behavior, such as regular default judgment, material non-disclosure default judgment, and evasive default judgment.
