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.
In Arkansas, a Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is a legal recourse available to defendants who have not been properly served with the necessary documents in a garnishment case. This motion acts as a request for the court to dismiss or invalidate the garnishment writ due to non-compliance with the legal requirements for service of process. When a defendant files a Motion to Discharge or Quash a Writ of Garnishment, they are asserting that the plaintiff or garnish or failed to serve them with a copy of the writ and notice of motion, as mandated by Arkansas law. The failure to serve these documents deny the defendant their right to proper notice and the opportunity to defend against the garnishment claim. This type of motion falls under the umbrella of garnishment-related motions that aim to protect the rights of defendants and ensure due process. Some common variations or related motions within this category in Arkansas include: 1. Motion to Vacate Writ of Garnishment: A defendant can file this motion when seeking to have the garnishment writ set aside and rendered void. It may be based on various grounds such as improper service, lack of jurisdiction, or defects in the underlying judgment. 2. Motion to Challenge the Validity of the Judgment: If the defendant believes that the underlying judgment upon which the garnishment is based is unjust or invalid, they may file a motion challenging its validity. This motion addresses the legal merits of the judgment itself and its impact on the garnishment proceedings. 3. Motion to Quash Service of Process: In situations where the defendant believes that the service of process was improper or defective in the garnishment case, they can file a motion to quash service. This motion asserts that the plaintiff did not properly serve the defendant with the necessary documents or failed to meet the legal requirements for service. In summary, Arkansas provides defendants with the option to file a Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion when their rights to notice and due process have been violated. This motion helps protect defendants from unfair or improper garnishment actions and safeguards their opportunity to defend themselves in court.
