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 is a legal procedure utilized in the state of Hawaii when the defendant, in a debt collection case, believes that the plaintiff has failed to properly serve them with a copy of the writ and notice of motion. This motion seeks to dismiss or invalidate the garnishment order due to the plaintiff's failure to adhere to the required service protocol. Understanding the specifics of this motion is crucial for individuals facing garnishment proceedings in Hawaii. The Hawaii motion to discharge or quash a writ of garnishment for failure to serve copy of writ on defendant and notice of motion can be categorized into different types or circumstances. These include: 1. Lack of Proper Service: When the defendant argues that the plaintiff failed to follow the correct procedure for serving the copy of the writ and notice of motion. This may include instances where the documents were not personally delivered or left at the defendant's usual place of residence or employment. 2. Defective Service: This type of motion is filed when the defendant believes that the copies of the writ and notice of motion were improperly filled out, incomplete, or contained errors that rendered them invalid. 3. No Proof of Service: In this case, the defendant claims that the plaintiff has not provided any evidence (e.g., affidavit of service or acknowledgment of service) to prove that the defendant was properly served with the necessary documents. 4. Failure to Meet Timelines: If the defendant can establish that the plaintiff did not adhere to the prescribed timeline for serving the copies of the writ and notice of motion, such as exceeding the allowed time limit, a motion to discharge or quash the garnishment writ is warranted. 5. Inadequate Description of Property: If the defendant asserts that the information provided in the writ regarding the property subject to garnishment is incorrect, incomplete, or does not adequately identify the property to be seized, they can file a motion to discharge or quash the writ. 6. Procedural Deficiencies: Any procedural irregularities or breaches in the garnishment process that unfairly prejudice the defendant's rights may also serve as grounds to file a motion to discharge or quash the writ. Successfully filing a motion to discharge or quash a writ of garnishment in Hawaii requires a thorough understanding of the applicable laws and procedures. It is highly advised to consult with an attorney experienced in debt collection law to navigate through these complex legal processes effectively.
