Alaska Motion to Discharge or Quash Writ of Garnishment

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

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

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.

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.

If you receive your earnings (wages, salary, commissions, etc.) either weekly, every two weeks or monthly, the following part of your earnings is automatically exempt (protected from seizure): $473 per week* or 75% of your weekly "disposable earnings,"** whichever is more.

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.

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.

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.

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Alaska Motion to Discharge or Quash Writ of Garnishment