West Virginia Motion for Default Judgment against Garnishee

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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.

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FAQ

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

In the West Virginia Code, wage garnishment is limited to the lesser of: 20% of your disposable earnings for a week, or. The amount your weekly wages exceed 50 times the federal minimum wage. This is currently $7.25, so 50 times that is $362.50.

If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.

- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof. (c)Motion and proceedings thereon.

- A party defending against a claim may pay into court by depositing with the clerk a sum of money on account of what is claimed, or by way of compensation or amends, and plead that the party is not indebted to any greater amount to the party making the claim or that the party making the claim has not suffered greater ...

56(d), the nonmoving party can submit an affidavit that asks for additional time for discovery, which will permit the court to either (1) defer considering the motion for summary judgment (or deny it all together); (2) allow more time for the nonmoving party to obtain additional discovery; or (3) issue any other order ...

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Please follow our helpful tips for opening and completing PDF forms. Magistrate Court Public Forms. Affidavit: Default Judgment · Affidavit: Eligibility for ... The surety's liability may be enforced on motion without the necessity of an independent action. ... The court may not enter default judgment pursuant to Rule 55( ...Jun 14, 2023 — Responding to a debt collection lawsuit in West Virginia on your own doesn't have to be scary or overwhelming. In this article, we will walk ... If a party wishes to appeal the judgment and the amount in dispute exceeds $20, the party may file an appeal of the case to the circuit court for a new trial. Mar 17, 2016 — The Clerk has sample forms for filing a request for entry of default, and for seeking default judgment from either the Clerk or the Court. To fill out a form, open the form by clicking on it. All fields within the form that can be edited will be highlighted in grey. Click inside the first field you ... hereby requests that the Court enter default judgment against the Defendant: In support of this Motion, the Plaintiff states: 1. The Clerk previously entered ... Default judgment; confession of judgment. (a) If a defendant in a civil action fails to appear or otherwise notify the magistrate court within the time limits ... Motion and Certification for Default Against Garnishee, 08/2000. WPF GARN ... Default Order and Judgment Against Garnishee, 08/2000. WPF GARN 01.0700, Answer ... Jun 16, 2016 — A new multistep notification process stands in the way of creditors obtaining default judgments against employers. A new complete defense to ...

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West Virginia Motion for Default Judgment against Garnishee