Writ Court Garnishment Withdrawal

State:
Multi-State
Control #:
US-01159BG
Format:
Word; 
Rich Text
Instant download

Description

The Writ court garnishment withdrawal form is a legal document used to contest the enforcement of a garnishment order against a defendant's wages or bank accounts. It allows the defendant to formally request the court to quash the previous writ of garnishment due to valid reasons, such as prior satisfaction of the judgment. This form consists of a motion to quash, notice of motion, and a certificate of service, ensuring all parties are notified properly. Attorneys, partners, owners, and associates can utilize this form to protect their clients' interests by claiming improper or unjust garnishments. Paralegals and legal assistants play a critical role in assisting with the completion and filing of this form, ensuring that all procedural requirements are met. The form emphasizes clarity and directness, making it accessible even for those with limited legal knowledge. To fill out the form, users should provide necessary details about the court, parties involved, and reasons for the motion. Specific examples of use include instances where the defendant believes the garnishment was issued in error or has been resolved before the writ was issued.
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  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion

How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?

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FAQ

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 ...

To stop the garnishment quickly, inform both the garnishee and the creditor that you have filed for bankruptcy and provide them with the bankruptcy case number, filing date, and court location. You will be provided all of this information when you file for bankruptcy.

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.

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.

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Writ Court Garnishment Withdrawal