Garnishment Request For Judgement Denied, need Wordsmithing Advice

[jollyjosh]

What is the name of your state (only U.S. law)? Colorado

Hello,

I have a writ of garnishment, which I've served to the agent of the employer of the defendants. I subsequently received no response, then filed a "Motion to enter Judgement against Garnishee" due to the lack of response.

I did everything by the book as far as I can tell, I found the agent of the employer by calling the district attourney, I served the writ to them, then waited.

The reason I was given denying my motion to enter Judgement against the Garnishee is as follows:

"The court cannot tell from the filings what the nature of the entity <Garnishee Business> is. The court will require some documentation as to the nature of the entity before the court will grant the Plaintiff's request."

So... what do they need? This is very cryptic to me, as I don't know how to interpret their use of the word "nature". Did I not tell them sufficiently that this is a business? or what?

Thanks for any help on drafting a more accurate "Motion to enter Judgement against Garnishee",

- Jolly Josh

 

[quincy]

What is the name of your state (only U.S. law)? Colorado

Hello,

I have a writ of garnishment, which I've served to the agent of the employer of the defendants. I subsequently received no response, then filed a "Motion to enter Judgement against Garnishee" due to the lack of response.

I did everything by the book as far as I can tell, I found the agent of the employer by calling the district attourney, I served the writ to them, then waited.

The reason I was given denying my motion to enter Judgement against the Garnishee is as follows:

"The court cannot tell from the filings what the nature of the entity <Garnishee Business> is. The court will require some documentation as to the nature of the entity before the court will grant the Plaintiff's request."

So... what do they need? This is very cryptic to me, as I don't know how to interpret their use of the word "nature". Did I not tell them sufficiently that this is a business? or what?

Thanks for any help on drafting a more accurate "Motion to enter Judgement against Garnishee",

- Jolly Josh

We cannot help you with the drafting of legal documents. For that, you need a lawyer licensed to practice in your jurisdiction.

What sort of business employs the defendant (what is the defendant's business in the business of doing)?

 

[not2cleverRed]

Posting hx for context:

forum.freeadvice.com/debt-collections-84/no-response-writ-garnishment-645420.html

 

[adjusterjack]

"The court cannot tell from the filings what the nature of the entity <Garnishee Business> is.

I couldn't swear to it but I think of "nature of the entity" as possibly corporation, LLC, partnership, or sole proprietorship.

 

[quincy]

Ah. It appears previous forum advice has taken you as far as the motion. Thanks for providing the link, Red.

You apparently have not properly identified the defendant's employer. I suggest you figure that out and go from there. We cannot help you rewrite your motion. For that, you need an attorney in your area.

https://forum.freeadvice.com/debt-collections-84/no-response-writ-garnishment-645420.html

 

[quincy]

I can't seem to use my "edit post" feature for some reason.

I wanted to ask: As to "nature of entity," did you name the owner of the business and its business structure (as mentioned by adjusterjack) or did you just name the agent?

 

[latigo]

What is the name of your state (only U.S. law)? Colorado

Hello,

I have a writ of garnishment, which I've served to the agent of the employer of the defendants. I subsequently received no response, then filed a "Motion to enter Judgement against Garnishee" due to the lack of response.

I did everything by the book as far as I can tell, I found the agent of the employer by calling the district attourney, I served the writ to them, then waited.

The reason I was given denying my motion to enter Judgement against the Garnishee is as follows:

"The court cannot tell from the filings what the nature of the entity <Garnishee Business> is. The court will require some documentation as to the nature of the entity before the court will grant the Plaintiff's request."

So... what do they need? This is very cryptic to me, as I don't know how to interpret their use of the word "nature". Did I not tell them sufficiently that this is a business? or what?

Thanks for any help on drafting a more accurate "Motion to enter Judgement against Garnishee",

- Jolly Josh

The judge didn't deny your "Motion to enter Judgement against Garnishee" because of drafting errors. It was denied because no where in the documents you have filed with the court have you correctly named the alleged employer/garnishee. Meaning not just in your motion, but in your application for the writ and in the writ itself.

Its obvious that the business is a registered entity in the state of Colorado. Otherwise it would not have a designated agent for service of process. So for starters in trying to sort this out, call whomever you called to get the name of the agent and learn how the business is constituted as a legal entity and its official registered name, including the suffix to the name!

How you go from there is problematic. My guess is that eventually you will need to start afresh.

 

[quincy]

... How you go from there is problematic. My guess is that eventually you will need to start afresh.

As Zigner advised in the last post of jollyjosh's previous thread, "... seek the advice of an attorney." That has been advised a few times now.

That is the best way for jollyjosh to get from where he is now to where he wants to be.

 

[latigo]

As Zigner advised in the last post of jollyjosh's previous thread, "... seek the advice of an attorney." That has been advised a few times now.

That is the best way for jollyjosh to get from where he is now to where he wants to be.

That depends on how you define your superlative "best.""!

If you sincerely believe that the best advice for "jollyjosh" is to incur the expense of hiring a lawyer for the simple task of interpreting the quoted language in the judge's denial of his motion, then how can you claim to be performing a service to the users of the site when offering them anything other than the same advice?

 

[quincy]

That depends on how you define your superlative "best.""!

If you sincerely believe that the best advice for "jollyjosh" is to incur the expense of hiring a lawyer for the simple task of interpreting the quoted language in the judge's denial of his motion, then how can you claim to be performing a service to the users of the site when offering them anything other than the same advice?

Yes. I think for someone who is struggling with properly filling out a legal form, seeking help from an attorney licensed to practice in that person's jurisdiction is the best advice.

You have said before that you are old, latigo, but you sure display a great deal of immaturity on these forums.

 

[jollyjosh]

Thanks, but the order isn't enough to warrant hiring a lawyer. That is why I'm posting on this forum.

I tried again, with "Inc." on the end of the business name, as there were two similarly named companies.

By the time the second one was submitted, the company wrote a letter back that the defendant no longer worked there. They didn't file a former answer, but the judge seemed to believe this was answered satisfactorily.

 

[quincy]

Thanks, but the order isn't enough to warrant hiring a lawyer. That is why I'm posting on this forum.

I tried again, with "Inc." on the end of the business name, as there were two similarly named companies.

By the time the second one was submitted, the company wrote a letter back that the defendant no longer worked there. They didn't file a former answer, but the judge seemed to believe this was answered satisfactorily.

If the judge is happy, that is often all that matters.

 

[HRZ]

THat specific quest is moot if defendant no longer works there... OP you now need to find/wait for his next place of employment .

Some folks go to great lengths to work off the books so as to avoid garnishments ....have you ruled that out here ?

 

[Taxing Matters]

By the time the second one was submitted, the company wrote a letter back that the defendant no longer worked there. They didn't file a former answer, but the judge seemed to believe this was answered satisfactorily.

If the defendant no longer works for the employer then there is nothing for the employer to garnish and further proceedings along that line are pointless. As a result, that response will indeed satisfy most judges unless you have evidence showing the defendant does, in fact, still work there (and thus implying the employer lied).

 

[Zigner]

They didn't file a former answer, but the judge seemed to believe this was answered satisfactorily.

There is no "formal" answer they need to "file".