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.
Writ Court Garnishment Form Utah
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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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Filing for bankruptcy can be an effective way to stop or prevent a wage garnishment. When your attorney files a Utah bankruptcy case, an automatic stay kicks in. The automatic stay acts like a court order that puts an immediate halt to garnishments and most other creditor collection actions.
Pay the filing fee and file these documents with the court: Application for Writ of Garnishment. ... Writ of Garnishment. ... Garnishee's Answers. ... Notice of Garnishment and Exemptions form. Reply and Request for Hearing form - 2 copies. A check payable to the garnishee for their fee.
Your wages can be garnished until the debt is paid. A writ of continuing garnishment is effective for one year after the date it was served, or for 120 calendar days if another writ of continuing garnishment is served. If the writ expires, the creditor can request a new one.
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.
If you want to ask the court to set aside or "undo" a judgment, you can file a Motion to Set Aside Judgment. Filing a Motion to Set Aside takes time to be processed by the court. If you want to ask the court to stop the garnishment right away you can also file a Motion to Delay Enforcement.