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.
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An order of default is a court order saying that one party (usually the plaintiff) has won the case, and the defendant has lost, because the defendant did not participate in the case. The order of default does not settle the issue of how much money is owed.
A motion for default shall include a statement of the basis for venue in the action. A default shall not be entered if it clearly appears to the court from the papers on file that the action was brought in an improper county. (b) Entry of Default Judgment.
If the defendant has not responded to a Notice of Claim within the required time limit, the claimant can ask the court for a default order. This means the court will give the claimant an order for what they want without the defendant getting to defend themselves.
After a motion for default is filed it means you have a judgment entered against you. At this point, you must begin responding and attempt to have the court set it aside. This is truly your only hope to begin fighting the debt once again and to avoid wage garnishment.
Stop Washington wage garnishment by filing a claim of exemption. Filing a claim of exemption in Washington State is a legal process that allows you to protect a portion of your income from wage garnishment. The reason for exemption could be that your income: Falls beneath the federal poverty line.
Limits on Wage Garnishment in Washington. In Washington, most creditors can garnish the lesser of (subject to some exceptions?more below): 25% of your weekly disposable earnings, or. your weekly disposable earnings less 35 times the federal minimum hourly wage.
Default judgments are ordered when one party has failed to file and serve a response to the claim within the time allowed by the rules (Rule 3-8). A plaintiff can also apply for a default judgment if the defendant has withdrawn the response to civil claim.
A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
