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.
Garnishment Employer Served With Writ
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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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A garnishee can oppose the garnishment by filing a motion with the court. Additionally, if the garnishee files an answer and no further filing is made regarding the writ of garnishment within 120 days, the garnishee can file a notice of intent to terminate the writ of garnishment.
Requesting a Writ of Garnishment Garnishment is a remedy that allows a judgment creditor to order a third party that holds or owes property to the debtor (e.g., a bank) to turn over any of that property in order to satisfy the judgment.
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.
You may request an exemption to the garnishment. You must make your request within 30 days of when the garnishment was served on the bank. Use the form Motion for Release of Property from Levy/Garnishment (DC-CV-036).
?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 ...