Motion Writ Of Error

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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FAQ

'Petition in error' refers to a formal request to a higher court to review and correct a lower court's decision. This process functions under the framework of appealing legal decisions. When filing a motion writ of error, you often utilize a petition in error to highlight specific issues that merit a review.

7-Day Notice to Cure Other Lease Violations In most cases the landlord must give the tenants a 7-day notice with a right to fix or "cure" the lease violation. For example, a landlord may think the tenants have a dog, and the lease says no pets. The landlord must give the tenants a written notice.

7-Day Notice to Cure Other Lease Violations In most cases the landlord must give the tenants a 7-day notice with a right to fix or "cure" the lease violation. For example, a landlord may think the tenants have a dog, and the lease says no pets. The landlord must give the tenants a written notice.

An Iowa month-to-month lease agreement has no end date that allows a landlord to rent to a tenant with the option to terminate the lease, at any time, with 30 days' notice. All other parts of the agreement are the same as a standard form.

While each case is unique, for most cases, the tenant must give the landlord written notice and the opportunity to fix the issue. Tenants could face serious financial consequences if they do not follow the proper procedures for ending the lease under the Iowa Code or under the terms of the lease agreement.

If rent is not paid when due, the landlord must deliver a "NOTICE TO CURE OR QUIT" (Three-Day Notice form) to the tenant. This notice must state that the rent is due but unpaid, and the landlord intends to terminate the Rental Agreement in three (3) days if the rent is not paid.

Iowa law takes into account the health, building, safety, and housing codes. If a tenant violates any of these codes, the landlord must issue a 7-Day Notice to Comply to allow the tenant time to fix the problem.

An Iowa 3-day notice to quit for clear and present danger is an incurable eviction notice served by a landlord due to the tenant performing an action on or near the property that caused or threatened to cause harm to another person.

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Motion Writ Of Error