Garnishee Order Meaning With Example

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Multi-State
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US-02674BG
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The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It 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 to Discharge or Quash Writ of Garnishment
  • Preview Motion to Discharge or Quash Writ of Garnishment

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

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FAQ

What States Prohibit Bank Garnishment? Bank garnishment is legal in all 50 states. However, four states prohibit wage garnishment for consumer debts. ing to Debt.org, those states are Texas, South Carolina, Pennsylvania, and North Carolina.

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.

Ordinary garnishments Under Title III, the amount that an employer may garnish from an employee in any workweek or pay period is the lesser of: 25% of disposable earnings -or- The amount by which disposable earnings are 30 times greater than the federal minimum wage.

Suppose A owes Rs. 1000 to B and B owes Rs. 1000 to C. by a garnishee order the court may require A not pay money owed to him to B, but instead to Pay C, since B owes the said amount to C, who has obtained the order.

2? For example, if John Smith owes $10,000 in overdue, unpaid taxes, the IRS can resort to garnishing his wages. The IRS would then direct Smith's employer to remit a portion of his salary for a certain amount of time until Smith's tax obligation is fully paid.

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Garnishee Order Meaning With Example