Garnishment Exemption Claim Form Withdraw

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

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

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FAQ

How to ask for an exemption Fill out court forms and make copies. Fill out these two forms: ... Make copies. Make 2 copies of your forms. ... Give the Claim to the levying officer. Take or mail the original and 1 copy to the levying officer. ... Wait to see if the other side files anything.

How to make a Claim of Exemption Fill out forms. Fill out two court forms: ... File the Claim of Exemption with the levying officer. ... Wait to see if the claim is opposed. ... Reply to the opposition (if any) ... Check if your court uses tentative rulings. ... Go to the hearing.

The claim for exemption must be filed with the circuit court issuing the writ of garnishment, served upon your employer, and mailed to the garnishor. Interrogatories to Garnishee: If the court has entered a judgment for money, this form is used to ask the court to issue a garnishment order against the defendant.

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).

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.

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Garnishment Exemption Claim Form Withdraw