Garnishment Exemption Claim Form Withholding

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
  • 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

But generally, you have two courses of action. 1) Filing for an Exemption Can Help. Under Maryland law, you can file an injunction for exemption relief under certain circumstances to protect or ?exempt? some or all of your wages. ... 2) Bankruptcy Can Stop Wage Garnishment in Maryland. ... 3) Recovering Garnishments.

If the judgment creditor desires a hearing on the claim of exemption, the judgment creditor shall file a notice of motion for an order determining the claim of exemption with the court within 10 days after the date the levying officer mailed the notice of claim of exemption.

If you claim an exemption, you should (i) fill out the claim for exemption form and (ii) deliver or mail the form to the clerk's office of this court. You have a right to a hearing within seven business days from the date you file your claim with the court.

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).

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.

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Garnishment Exemption Claim Form Withholding