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 Garnishment Served For What
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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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TO THE GARNISHEE: Within 7 days after you are served with this writ, deliver a copy of this writ to the defendant in person or mail a copy to his or her last-known address by first-class mail.
Serving the Writ Have the garnishee served with two copies of the Request and Writ of Garnishment, a disclosure form, and the disclosure fee. The disclosure fee is $35 for periodic garnishments, and $1 for non-periodic garnishments. The garnishee must be served within 182 days from the date the writ is issued.
GENERAL INFORMATION: Bring the completed original garnishment, appropriate number of copies and fees to Court for issuance. The Clerk will issue the garnishment, you will pay to Court the issuance fee and then you take the garnishment to Sheriff, private process server or Post Office for delivery of the garnishment.
?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 ...
A Garnishee Order is an order issued by court under provisions of Order 21, Rule 46 of the Code of Civil Procedure, 1908. The concept of 'Garnishment' has been introduced in civil procedure code by the amendment Act, 1976 and is a remarkable piece of legislation.