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Motion of Defendant to Discharge or Quash Writ of Garnishment for...

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

Q: What is the rule 3 of the Arkansas Rules of Civil Procedure?

Rule 3 - Commencement of Action; &quot;Clerk&quot; Defined; Separate Actions and Filing Fees; Notice of Medical Injury (a)Commencement. A civil action is commenced by filing a complaint with the clerk of the court, who shall note thereon the date and precise time of filing.

Category:

Collections - Garnishment - Motions

State:

Multi-State

Control #:

US-02252BG

Format:

Instant download

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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How to fill out 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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FAQ

Rule 3 - Commencement of Action; "Clerk" Defined; Separate Actions and Filing Fees; Notice of Medical Injury (a)Commencement. A civil action is commenced by filing a complaint with the clerk of the court, who shall note thereon the date and precise time of filing.

Rule 4 - Summons and Service of Process (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process.

Subject to the provisions of subdivision (b)(4) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b)(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that other party's representative ( ...

Paragraph (2) establishes page limits; twenty pages for a motion or a response, and ten pages for a reply.

Any party opposing a motion shall serve a response within 10 days after service of the motion. The movant shall then have 5 days after service of the response within which to serve a reply.

Rule 4 - Appeal; When Taken (a) Time for filing notice of appeal. Except as otherwise provided in subdivisions (b) and (c) of this rule, a notice of appeal shall be filed within thirty (30) days from the entry of the judgment, decree or order appealed from.

The Summons and Complaint were not served properly If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.

Rule 5 - Service Of Complaint (a)By Whom Served. A copy of the complaint shall be served upon each defendant by a sheriff or constable or any other person permitted to make service under Rule 4(c) of the Arkansas Rules of Civil Procedure.

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

Description

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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment For Failure To Serve Copy Of Writ On Defendant And Notice Of Motion?

Form popularity

FAQ

What is the rule 3 of the Arkansas Rules of Civil Procedure?

What is the rule 4 of the AR Rules of Civil Procedure?

What is Arkansas rule of Civil Procedure 26 B )( 4?

What are the page limits for motions in the Federal Rules of Civil Procedure?

How long to respond to a motion in Arkansas?

What is the rule 4 of the Arkansas Rules of Appellate Procedure?

What type of motion would you file if the plaintiff failed to properly serve the defendant?

What is the rule 5 of the Arkansas Rules of Civil Procedure?

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

Description

Related forms

Viewed forms

How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment For Failure To Serve Copy Of Writ On Defendant And Notice Of Motion?

Form popularity

FAQ

What is the rule 3 of the Arkansas Rules of Civil Procedure?

What is the rule 4 of the AR Rules of Civil Procedure?

What is Arkansas rule of Civil Procedure 26 B )( 4?

What are the page limits for motions in the Federal Rules of Civil Procedure?

How long to respond to a motion in Arkansas?

What is the rule 4 of the Arkansas Rules of Appellate Procedure?

What type of motion would you file if the plaintiff failed to properly serve the defendant?

What is the rule 5 of the Arkansas Rules of Civil Procedure?

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

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