Whats A Garnishment Order

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Multi-State
Control #:
US-02674BG
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Word; 
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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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How to fill out Motion To Discharge Or Quash Writ Of Garnishment?

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FAQ

Georgia Wage Garnishment Laws The amount by which your disposable earnings per week exceeds 30 times the federal minimum wage. If your disposable income is less than the federal minimum wage, it cannot be garnished. In other words, if your disposable income for a week exceeds $217.50, that amount can be garnished.

812.33 Garnishee fees. (1) The creditor shall pay a $15 fee to the garnishee for each earnings garnishment or each stipulated extension of that earnings garnishment. This fee shall be included as a cost in the creditor's claim in the earnings garnishment. (2) In addition to the $15 garnishee fee under sub.

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.

The garnishment amount is limited to 25% of your disposable earnings for that week (what's left after mandatory deductions) or the amount by which your disposable earnings for that week exceed 30 times the federal minimum hourly wage, whichever is less. (15 U.S.C. § 1673.)

By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.

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Whats A Garnishment Order