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 Notice Sample Without
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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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You may claim your exemptions from garnishment by filing an affidavit with the court describing the exemption and your claim to it. Your affidavit also must be sent to the judgment creditor and any attorney for the judgment creditor.
The Notice of Garnishment is served on both the garnishee and debtor. You may serve the debtor, by mail or personal delivery. The garnishee should be served at the business address either personally or by mail.
You file the affidavit and notice of garnishment with the court or file each document online using the Small Claims Court Submissions Online portal at .ontario.ca/page/file-small-claims-online. There is a fee for filing the notice of garnishment.
Complete the Garnishee order for debts form ???Your case number. Date of the judgment. Name and address of the other party. Name and address of the garnishee (the bank or third party who owes the other party money). Total amount of the judgment. Your contact details including address, telephone, fax and email.
If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk's office of this court. You have a right to a hearing within seven business days from the date you file your claim with the court.