Connecticut 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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US-02252BG
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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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FAQ

An ?Application for a Prejudgment Remedy? (also known as a ?PJR? ? Connecticut General Statutes §52-278a et seq.) is a unique civil motion in Connecticut that allows a Plaintiff to seek to attach a Defendant's assets in most cases before a case even starts.

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.

(b) In the case of any action to recover damages resulting from personal injury or wrongful death, whether in tort or in contract, in which it is alleged that such injury or death resulted from the negligence of a health care provider, the plaintiff may, not earlier than three hundred sixty-five days after service of ...

Chapter 903a - Prejudgment Remedies. *An order of the court granting or denying a prejudgment remedy pursuant to provisions of chapter is a final judgment from which an appeal may be taken. 167 C. 623.

May commence a new action ... for the same cause at any time within one year after the determination of the original action ...? C.G.S. § 52?72 is a remedial statute that must be liberally construed in favor of those whom the legislature intended to benefit.

These grounds can include, but are not limited to: forum non conveniens, meaning it is more appropriate for another court to hear the case; prior pending action, meaning a case between the parties on the same matter is already happening; or in a medical malpractice case the Certificate of Good Faith not being properly ...

The Process to Obtain a Prejudgment Remedy If a settlement is not reached, the court schedules a mini-trial at which the creditor has the burden to establish that ?there is probable cause that a judgment in the amount of the prejudgment remedy sought? will ultimately enter in favor of the creditor.

You cannot appeal this kind of judgment and have a new trial until you ?vacate the default judgment?, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.

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