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.
California Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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(e) A motion to quash pursuant to Government Code section 11450.30 shall be made in compliance with Article 1, section 551.19. The motion shall be made within a reasonable time after receipt of the subpoena. The person bringing the motion shall serve copies of the motion on all parties.
Here are some examples of Ex Parte Motions: Motion to "quash" a subpoena: This cancels a subpoena. Motion for order shortening time to serve a motion: This is a court order that gives you more time to serve the other person.
Motion to Quash (cancel) Service of Summons: This motion asks the court to say that the complaint was not served properly. Say why service was not right. Read Sections 413.10 ? 418.10 of the Code of Civil Procedure about service carefully so you can explain to the court why you were not served properly.
A defendant or cross-defendant may move under CCP §418.10 (to quash for lack of personal jurisdiction, to stay or dismiss on ground of inconvenient forum, or to dismiss for delay in prosecution) and simultaneously answer, demur, or move to strike the complaint or cross-complaint.
A Motion to Quash a Subpoena for the Production of Documents must be served and noticed on opposing counsel at least five days before the date of production of documents. (Code of Civ. Proc., § 1985.3; see also Slage v. Superior Court.
On a motion to quash, the burden is on the plaintiff to prove by a preponderance of the evidence that the service was valid and that the court has jurisdiction over the defendant. (Bolkiah v. Superior Court (1999) 74 Cal.
It is a motion by a defendant seeking a ruling that the court lacks jurisdiction over his per- son sufficient to enable the court to render a "personal judgment" against him.tO It is to be distinguished from a general appearance which is, by its effect, a submission by the defendant personally to the jurisdiction of ...
Instead, as California Civil Jury Instruction 200 explains: ?A party must persuade you [the jury], by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as ?the burden of proof.?