Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ. This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Answer To Writ Of Garnishment Form Format
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US-01159BG
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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?
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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.
After 60 days, the judgment creditor's attorney will serve a ?Second Answer.? In response to the Second Answer, the employer must tell the judgment creditor how much was actually withheld during the 60-day period during which the garnishment was effective.
If the Garnishee fails to file an Answer within 20 days, you must serve, by mail a Notice advising the Defendant that a Motion to Dissolve the Writ of Garnishment must be filed within 20 days after the Notice was served on the Defendant. You must file a Certificate of Service (Law 820) of the mailing.
To stop wage garnishment in Florida, a judgment debtor must (1) review the writ for procedural mistakes, (2) file a claim of exemption, (3) gather all documents in support of the claimed exemption, and (4) attend the final hearing on the exemption. The most common exemption is the head of household exemption.
?The writ shall require the garnishee to serve an answer on the plaintiff within 20 days after service of the writ stating whether the garnishee is indebted to the defendant at the time of the answer, or was indebted at the time of service of the writ, plus up to 1 business day for the garnishee to act expeditiously on ...