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.
Arkansas Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?
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FAQ
By the time the collection process has reached the point of garnishment, most creditors are unwilling to work out any kind of payment plan. The only effective way to legally stop this collection process is by exercising your right under federal law to file either Chapter 7 or Chapter 13 bankruptcy.
At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.
In general, garnishments can't exceed 25 percent of your disposable (after deductions) wages. Arkansas offers additional protection for certain categories of workers, however. Also, under Arkansas law, the total amount of the garnishment cannot exceed thirty times the current minimum wage.
But federal law doesn't protect you from termination if you have more than one garnishment judgment against you in a 12 month period. Arkansas state law protects employees from termination if they have more than one Arkansas garnishment and one of those garnishments is a child support obligation.
GARNISHMENT IN ARKANSAS A writ of garnishment is a legal document that allows the creditor, under Arkansas law, to forcibly take from your employer up to twenty-five percent (25%) of your wages.
So, federal law governs in Arkansas (with one exception, see below): If your disposable earnings are 30 times minimum wage or less, your wages can't be garnished.