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 Wisconsin Motion for Default Judgment against Garnishee: Types and Procedure Explained Introduction: Wisconsin Motion for Default Judgment against Garnishee is a legal process initiated by a creditor seeking to collect a debt owed by a debtor. When a debtor fails to respond or cooperate in a garnishment proceeding, the creditor can file a motion for default judgment against the garnishee. This article provides a detailed description of this legal procedure, different types of motions, and a step-by-step guide on how it works in Wisconsin. Keywords: Wisconsin, Motion for Default Judgment against Garnishee, legal process, creditor, debtor, garnishment proceeding. 1. What is a Wisconsin Motion for Default Judgment against Garnishee? A Motion for Default Judgment against Garnishee is a formal request made by a creditor to the court seeking a judgment in their favor due to a debtor's failure to respond or participate properly in a garnishment action. This motion is typically filed when the garnishee receives the summons but fails to answer or fulfill their obligations under the garnishment order. 2. Types of Wisconsin Motion for Default Judgment against Garnishee: a) Motion for Default Judgment against Garnishee — Non-Earnings: This motion is used when the garnishee holds non-wage property or assets of the debtor, such as bank accounts, real estate, or vehicles. b) Motion for Default Judgment against Garnishee — Earnings: This motion is used when the garnishee is the debtor's employer and the creditor seeks to garnish the debtor's wages or salary. c) Motion for Default Judgment against Garnishee — Federal Benefits: This motion applies when the garnishee holds federal benefits due to the debtor, such as Social Security, Veterans' benefits, or federal pension payments. 3. Procedure for Filing a Wisconsin Motion for Default Judgment against Garnishee: a) Consult with an attorney: It is advisable to consult with a knowledgeable attorney to understand the specific requirements and implications of a default judgment motion in Wisconsin. b) Gather necessary documents: Collect all relevant documentation, including the original judgment, garnishment summons, proof of service, and any supporting evidence of the debtor's failure to respond. c) Draft and file the motion: Prepare a motion for default judgment against the garnishee, outlining the debtor's non-compliance and request for a judgment in your favor. Ensure accurate representation of the facts and legal arguments supporting your motion. d) Serve the motion: Serve the motion to the court, debtor, and garnishee according to Wisconsin's service of process requirements. e) Obtain a hearing date: If the court deems the motion valid, a hearing date will be set to review the motion and determine whether a default judgment should be granted. f) Attend the hearing: Present your case, citing the debtor's non-compliance and the garnishee's failure to respond adequately. Provide any evidence or supporting documentation to strengthen your request for a default judgment. g) Court's decision: The judge will review the arguments presented and decide whether to grant a default judgment against the garnishee. If granted, the creditor can proceed with collecting the debt from the garnishee's assets or earnings held on behalf of the debtor. Conclusion: Wisconsin Motion for Default Judgment against Garnishee is an important legal process available to creditors seeking to collect debts from non-responsive debtors. By understanding the types of motions and following the proper procedure, creditors can increase their chances of obtaining a favorable judgment and recovering the outstanding amount owed. Consultation with a qualified attorney is essential for navigating this complex legal process successfully. Keywords: Wisconsin Motion for Default Judgment against Garnishee, types, procedure, creditor, debtor, garnishment action, legal process, hearing, judgment, debt collection.
