Connecticut Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion

State:
Multi-State
Control #:
US-01159BG
Format:
Word; 
Rich Text
Instant download

Description

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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FAQ

(a) A motion to dismiss shall be used to assert: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) insuffi- ciency of process; and (4) insufficiency of service of process.

A judge may dismiss a case without prejudice in order to allow for errors in the case presented to be addressed before it is brought back to court. A judge will dismiss a case with prejudice if he or she finds reason why the case should not move forward and should be permanently closed.

Generally, it means that the court will not approve the motion.

A) The RESPONSE TO MOTION tells the Judge what you disagree with in the other side's Motion, Affidavit, and proposed Order; what you would like the Court to do instead; and why you should get what you want.

If a case is dismissed as moot it means that there is nothing that the court can productively do to resolve it. This might be because the issue is no longer relevant because too much time has passed, it has been resolved, or there is nothing legally or lawfully actionable by the court.

What is a Motion? A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

Opposition to Summary Judgment: ?Unless otherwise ordered by the judicial authority, any adverse party shall file and serve a response to the motion for summary judgment within forty-five days of the filing of the motion, including opposing affidavits and other available documentary evidence.? Conn.

A motion to sever is to have the judge order a separate trial for each co-defendant.

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Connecticut Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion