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.
Florida Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?
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FAQ
Upon service of the Writ of Garnishment, the Garnishee will "hold" those assets in the Garnishee's possession at the time of service of the Writ or at any item between the service of the Writ of Garnishment and Garnishee's Answer until there is an Order directing the Garnishee to disburse the funds.
Particularly with a continuing writ of garnishment, in Florida the withholdings will continue automatically until the judgment is PAID IN FULL including all assessable interest, costs, and fees. Depending on the scenario, this process can persist for YEARS. Yes, that's years, plural.
The Writ of Garnishment delivered to you with this Notice means that wages, money, and other property belonging to you, have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY.
Section 77.07 - Dissolution of writ (1) The defendant, by motion, may obtain the dissolution of a writ of garnishment, unless the petitioner proves the grounds upon which the writ was issued and unless, in the case of a prejudgment writ, there is a reasonable probability that the final judgment in the underlying action ...
On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought or the form requested is not reasonably accessible because of undue costs or burden.
Understanding Writ of Garnishment in Florida The statute provides that a creditor begins the garnishment process by filing a short motion with the court (?Motion for Writ of Garnishment?) and paying fees and deposits to the clerk of court. The clerk then issues the writ.
Understanding Writ of Garnishment in Florida The statute provides that a creditor begins the garnishment process by filing a short motion with the court (?Motion for Writ of Garnishment?) and paying fees and deposits to the clerk of court. The clerk then issues the writ.