Alaska Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion

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Multi-State
Control #:
US-02252BG
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Word; 
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Description

Quash means to nullify, void or declare invalid. The procedure is used in both criminal and civil cases when there is an irregularity or defect in procedures.


Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ.


This form is a generic motion and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form 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

Begin with a formal salutation, such as "Dear Honorable Judge [Last Name]." In the opening paragraph, introduce yourself and explain your relationship to the case or the reason for writing the letter. Clearly state the purpose of your letter and the specific request or information you are seeking from the judge.

Interested parties can also get warrant information by contacting Alaska state troopers. They serve under the Alaska Department of Public Safety and have provided a directory of warrants within the state.

Rule 45(b), Alaska Rules of 08 Criminal Procedure, is amended to read: 09 (b) Speedy Trial Time Limits. A defendant charged with a felony, a 10 misdemeanor, or a violation shall be tried within 70 [120] days from the time set forth 11 in paragraph (c) of this rule.

What does it mean to ?quash? a warrant? Quashing a warrant means getting it removed from the system so that it can't be used to arrest you. Quashing a warrant only deals with the warrant itself; it does not resolve the underlying case.

Rule 35.1 - Post-Conviction Procedure (a)Scope . A person who has been convicted of or sentenced for a crime may institute a proceeding for post- conviction relief under AS 12.72. 010 - 12.72. (b)Not a Substitute for Remedies in Trial Court - Replaces All Other Remedies for Challenging the Validity of a Sentence.

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

If you need to quash your warrant you can fill out a request and order form (form CR-770). This form can be found at the Municipal Prosecutors's Office 632 West 6th Avenue Ste 610, the Nesbett Courthouse 825 West 4th Avenue or online at .

Request to Recall ("Quash") a Warrant If you are not represented by an attorney, you may complete this Motion to Quash Warrant form . Please make sure the court has your current mailing address. When you submit the Motion to Quash Warrant form, the court will respond to you either by email or by mail.

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Alaska Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion