Lawyers For Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Discharge or Quash Writ of Garnishment is a legal form used by attorneys representing defendants in garnishment cases. This form allows the defendant to formally request the court to dismiss a writ of garnishment issued against them, citing specific grounds such as inaccuracies in the plaintiff's supporting affidavit. Key features include sections for the defendant's details, attorney's information, and a certificate of service confirming that the motion has been shared with the plaintiff’s counsel. The document is designed to be easily filled out and edited, ensuring clarity and simplicity in its instructions. It is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who need to advocate for their clients' rights against garnishment actions. The form includes a hearing notice section that specifies when and where the motion will be presented to the court, allowing for proper scheduling and legal representation. By utilizing this form, legal professionals can effectively communicate the defendant's position and seek appropriate relief from garnishment actions.
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How to fill out Motion To Discharge Or Quash Writ Of Garnishment?

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FAQ

Collect evidence showing how detrimental the wage garnishment is to your financial stability or how you qualify for an exemption. In either case, the creditor may agree to a solution that doesn't involve a garnishment, such as an adjustment payment plan or a settlement for a lump sum.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.

Fees for writ of garnishment -- Single or continuing. $25 for a continuing garnishment. The creditor shall pay the fee directly to the garnishee.

A creditor can garnish whichever is less: up to 25% of your disposable earnings or the amount of your disposable earnings that's more than 30 times the federal minimum wage (currently $217.50). Your disposable earnings are money you get after legally required deductions from your paycheck.

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Lawyers For Garnishment