Question Description
Once a judgment is obtained (through either a default judgment, courtorder, or jury verdict), then what? The prevailing party must enforcethe judgment. In this case, you are a paralegal working for Mr. DeweyCheatham, 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 complaintfor negligence stemming from an auto accident, against Nick Slick. Thecomplaint was filed around September 1, 2015. In the complaint, Ms.DoGood requested $50,000 in damages for emotional distress, anxiety, andcompensation, after Nick Slick negligently damaged a box of letters Ms.DoGood had been keeping. He was supposed to restore the letters, whichwere family heirlooms, but ended up burning the letters beyond repair.
The case has been pending in Greenacre district court. TheGreenacre court issued a summons on September 3, 2015, by certifiedmail. It was returned having been claimed on October 1, 2015. No answeror other document has been filed by Nick Slick.
Mr. Cheatham filed a Motion for Default Judgment, which was grantedby the court. After a damages hearing occurred, the court issuedjudgment in favor of Ms. DoGood in the amount of $35,673. Mr. Cheathamhas asked you to prepare a motion for garnishment, along with any otherdocuments needed to obtain the funds from Mr. Slick's bank account withGreenacre Mutual Bank. He has provided you with a sample motion and affidavit he used in another case.
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