Writ State Garnishment Without Notice

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

Description

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.

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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

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

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FAQ

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.

?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 ...

Typically, a creditor must have filed a lawsuit against the debtor and won a judgment. After winning the judgment, the creditor will file a separate court case against a third party (also called a "garnishee") who has your money and ask the court to issue a writ of garnishment.

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).

In order to garnish your property, the creditor must first file a lawsuit and obtain a judgment against you. Before the lawsuit can proceed, you must be served or provided a copy of the creditor's complaint against you (also known as a ?petition?). This is called ?service of process.?

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Writ State Garnishment Without Notice