Once a judgment is obtained (through either a default judgment, court order, or jury verdict), then what? The prevailing party must enforce the judgment. In this case, you are a paralegal working for Mr. Dewey Cheatham, Esq., a partner at Cheatham & Fare, One First St, Greenacre, in your home state.The firm has a client, Silence DoGood, who has filed a complaint for negligence stemming from an auto accident, against Nick Slick. The complaint was filed around September 1, 2015. In the complaint, Ms. DoGood requested $50,000 in damages for emotional distress, anxiety, and compensation, after Nick Slick negligently damaged a box of letters Ms. DoGood had been keeping. He was supposed to restore the letters, which were family heirlooms, but ended up burning the letters beyond repair.The case has been pending in Greenacre district court. The Greenacre court issued a summons on September 3, 2015, by certified mail. It was returned having been claimed on October 1, 2015. No answer or other document has been filed by Nick Slick.Mr. Cheatham filed a Motion for Default Judgment, which was granted by the court. After a damages hearing occurred, the court issued judgment in favor of Ms. DoGood in the amount of $35,673. Mr. Cheatham has asked you to prepare a motion for garnishment, along with any other documents needed to obtain the funds from Mr. Slick’s bank account with Greenacre Mutual Bank. He has provided you with a sample motion and affidavit he used in another case.Please make sure this is done correctly!!!
week_11_motion_for_garnishment.doc
week_11_sample_affidavit.doc
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IN THE COURT OF COMMON PLEAS
OF ___________
****************************************************************************
COLONEL MUSTARD
) Case No.:
Plaintiff,
) Judge
) MOTION FOR GARNISHMENT OF
PROPERTY OTHER THAN PERSONAL
) EARNINGS OF PROFESSOR PLUM
vs.
PROFESSOR PLUM
Defendant
) ATTORNEY INFORMATION
Attorney for Plaintiff
)
***************************************************************************
Now comes Plaintiff, Colonel Mustard., by and through undersigned counsel and
respectfully moves this Court for an Order of Garnishment of Property Other than Personal
Earnings of Professor Plum. Specifically, movant seeks to garnish funds in bank account of
Judgment Debtor, which upon information and belief, is located at Huntington National Bank.
The reasons in support of this motion appear in the Memorandum below.
Respectfully submitted,
Attorney Name
Attorney for Plaintiff
MEMORANDUM
On February 10, 2012, Plaintiff obtained Judgment against debtor by default in the sum
of Eighty One Thousand, One Hundred and Seven and 90/100 Dollars ($81,107.90) plus interest
at the statutory rate of interest per annum plus costs. Upon information and belief, Movant
Plaintiff believes that Huntington National Bank is holding funds of Defendant consisting of
bank accounts. Wherefore, movant requests an order of garnishment of property other than
personal earnings and has submitted an Affidavit in support of this Motion along with other
appropriate documentation.
Respectfully submitted,
Attorney Name
Attorney for Plaintiff
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing Motion for Garnishment of Property Other
Than Personal Earnings was forwarded via Ordinary U.S. Mail Service this
2012 to:
Attorney Name
day of March,
IN THE COURT OF COMMON PLEAS
OF ___________
****************************************************************************
COLONEL MUSTARD
) Case No.:
Judgment Creditor,
vs.
PROFESSOR PLUM
Judgment Debtor
) Judge
) AFFIDAVIT, ORDER AND NOTICE OF
GARNISHMENT OF PROPERTY OTHER
) THAN PERSONAL EARNINGS OF
PROFESSOR PLUM
)
ATTORNEY INFORMATION
) Attorney for Judgment Creditor
***************************************************************************
AFFIDAVIT
Having first been duly sworn or solemnly affirmed to do so, I hereby state that I am the attorney
for the judgment creditor in the above referenced case against Professor Plum, the judgment
debtor, that the garnishees may have in the garnishee’s hands or control, money, property, or
credits, other than personal earnings, of Professor Plum, the judgment debtor, and that the
amount now due and owing is Eighty One Thousand, One Hundred and Seven and 90/100
Dollars ($81,107.90).
__________________________________________
Name of Attorney, Attorney for Judgment Creditor
Sworn and subscribed this ____ day of _________________, 2012, before me.
__________________________________________
Notary Public
ORDER AND NOTICE OF GARNISHMENT
To: Huntington National Bank, Garnishee
The Judgment Creditor in the above case has filed an affidavit, satisfactory to the
undersigned, in this court, stating that you may have money, property, or credits, other than
personal earnings, in your hands or under your control that belong to the Judgment Debtor.
You are therefore ordered to complete the “Answer of Garnishee” by the following date
on which hearing is tentatively scheduled relative to this Order of Garnishment.
Deliver one completed and signed copy of this form to the judgment debtor prior to that
date. Keep the other completed and signed copy of this form for your files.
The Total Probable Amount now due of this judgment is $ Eighty One Thousand, One
Hundred and Seven and 90/100 Dollars ($81,107.90).
The Total Probable Amount now due includes the unpaid portion of the Judgment in
favor of the Judgment Creditor, which is Eighty One Thousand, One Hundred and Seven and
90/100 Dollars ($81,107.90).
You also are ordered to hold safely anything of value that belongs to the Judgment
Debtor and that has to be paid to the court, as determined under the “Answer of Garnishee”, but
that is of such a nature that it cannot be so delivered, until further order of the court.
Witness my hand and the seal of this court this ______ day of ________, 2012
__________________________________________
Judge
ANSWER OF GARNISHEE
Now comes The Huntington National Bank, the garnishee herein who says:
1. That the Garnishee has more than $425 in money, property or credits, other than personal
earnings, of the judgment debtor under the Garnishee’s control and in the Garnishee’s possession
______YES (if yes, amount over $425)___________________
_______NO
2. That property is described as:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
3. If the answer to line 1 is “yes” and the amount is less than the probable amount owed now due
on the judgment as indicated in the Notice of Garnishment, sign and return this form and pay the
amount of line 1 to the Clerk of Court.
4. If the answer to line 1 is “yes” and the amount is greater than the probable amount now due on
the Judgment, as indicated in the Notice of Garnishment, sign and return this form and pay that
probable amount now due to the Clerk of this Court.
5. If the answer to line 1 is “yes” but the money, property, or credits are of such a nature that
they cannot be delivered to the Clerk of Court, indicate that by placing an “X” in this space □.
Do not dispose of that money, property, or credits or give them to anyone else until further order
of the court.
6. If the answer to line 1 is “no”, sign and return this form to the Clerk of this Court.
I certify that the statements above are true.
__________________________________________
Huntington National Bank
__________________________________________
Name and Title of Person Completing
__________________________________________
Signature of Person Completing
Copy delivered to Judgment Debtor this ________ day of ___________________, 2012
…
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