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.
A motion to discharge or quash a writ of garnishment in Delaware can be filed by the defendant if there has been a failure to serve a copy of the writ on the defendant and notice of the motion. This motion aims to challenge the legal validity of the garnishment and seek relief for the defendant. Garnishment is a legal process wherein a creditor seeks to collect a debt from a third party, typically an employer or a financial institution, by seizing the debtor's wages or assets. To initiate a garnishment, the creditor must obtain a writ of garnishment from the court and serve it on the garnishee (the third party holding the debtor's property). Simultaneously, the creditor should also provide the defendant with a copy of the writ and notice of the motion. However, if the defendant has not been properly served with a copy of the writ and notice of the motion, they can file a motion to discharge or quash the garnishment. This could happen due to a procedural error, noncompliance with legal requirements, or failure of the creditor to notify the defendant of their intent to garnish the debtor's wages or assets. There are several types of Delaware motions that can be filed to discharge or quash a writ of garnishment for failure to serve a copy of the writ on the defendant and notice of the motion. Some of these include: 1. Motion to Discharge Writ of Garnishment: This motion seeks to have the entire writ of garnishment deemed invalid due to the failure to serve the required documents on the defendant. The defendant argues that they were not properly notified of the creditor's intent to garnish their wages or assets, and therefore, the garnishment should be discharged. 2. Motion to Quash Writ of Garnishment: This motion aims to invalidate the writ of garnishment by highlighting the failure to serve a copy of the writ on the defendant and notice of the motion. It argues that without proper service, the garnishment is illegal and should be quashed. 3. Motion for Relief from Garnishment: This motion seeks relief from the garnishment order based on the failure to serve the defendant with the required documents. The defendant may ask the court to release the garnished wages or assets and provide compensation for any losses or damages suffered as a result of the improper garnishment. It is important for the defendant to consult with a qualified attorney familiar with Delaware law to determine the most appropriate type of motion to file based on their specific circumstances. The attorney will assist in preparing the motion, gathering supporting evidence, and presenting a strong argument to the court to secure relief from the garnishment.
