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 West Virginia Motion for Default Judgment against Garnishee: Types and Procedure Introduction: In West Virginia, the Motion for Default Judgment against Garnishee is a significant legal process used to enforce collection of a judgement debtor's unpaid debts. This article aims to provide a detailed description of the motion, its purpose, and the various types commonly encountered. Additionally, the article will outline the procedure involved in filing a Motion for Default Judgment against Garnishee in West Virginia. Keywords: West Virginia, Motion for Default Judgment against Garnishee, types, procedure, legal process, enforcement, collection, judgement debtor, unpaid debts, filing. I. What is a Motion for Default Judgment against Garnishee? A Motion for Default Judgment against Garnishee is a legal tool utilized to request the court to hold a third party (garnishee) accountable for the payment of a judgement debtor's outstanding debts. The garnishee can be an individual, employer, bank, or any entity holding funds or assets belonging to the debtor. II. Types of West Virginia Motion for Default Judgment against Garnishee: 1. Garnishment of Wages: This type allows the creditor to collect debt by garnishing a portion of the debtor's wages or salary directly from their employer. 2. Bank Account Garnishment: This entails seizing funds from the debtor's bank account(s) held by a financial institution, typically upon court order. 3. Property or Asset Garnishment: This form of garnishment involves seizing and liquidating the debtor's property or assets to satisfy the unpaid debts. III. Procedure for Filing a Motion for Default Judgment against Garnishee in West Virginia: 1. Consultation with Legal Counsel: Seek advice from an attorney familiar with West Virginia debt collection laws to determine if garnishment is a suitable option for recovering your debt. 2. Verify Judgment Validity: Ensure that a valid judgement has been obtained against the debtor before initiating the garnishment process. 3. Identification of Garnishee: Identify the individual or entity holding the debtor's assets or funds (e.g., employer, bank, etc.) that can be targeted through garnishment. 4. Drafting the Motion: Prepare a detailed Motion for Default Judgment against Garnishee, including relevant information such as the judgement amount, supporting documentation, and specific details regarding the garnishee's involvement. 5. Filing the Motion: File the motion with the appropriate West Virginia circuit court, adhering to the court's specific rules and procedures. 6. Service and Notice: Serve a copy of the motion and supporting documents to the garnishee and debtor, ensuring compliance with West Virginia's service requirements. 7. Hearing and Judgement: Attend the scheduled court hearing, presenting your case to the judge. If successful, the court may grant the Motion for Default Judgment against Garnishee and authorize the garnishment process. 8. Execution of Garnishment: Once the judgement is granted, follow the court's instructions to initiate the garnishment process, ensuring all relevant parties are notified accordingly. 9. Collection and Disbursement: Throughout the garnishment period, the garnishee will withhold the specified funds, which are then disbursed to the creditor in accordance with West Virginia law. Conclusion: The West Virginia Motion for Default Judgment against Garnishee is a legal means to recover unpaid debts from a judgement debtor via the seizure of funds or assets held by a third party. By understanding the various types and following the proper procedure, creditors can effectively utilize this tool to satisfy outstanding debts within the limitations of the law. Keywords: West Virginia, Motion for Default Judgment against Garnishee, types, procedure, legal process, enforcement, collection, judgement debtor, unpaid debts, filing.
