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.
Iowa 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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Garnishments expire 120 days from the date it was issued by the Clerk of Court. The Sheriff's Office will require the last known address for the defendant, since for all non-wage garnishment a notice of garnishment is required to be mailed by restricted certified mail, as well as, one copy by first class mail.
If a garnishment has been placed on your wages, but you believe the garnishment is incorrect or should be stopped, you may file a ?Motion to Quash Garnishment and Request for Hearing? (Iowa Court Rule form 3.20).
You can challenge the wage garnishment by filing a motion to quash the execution. You could also file a claim of exemption with the court. However, you need to do so within ten days of receiving the notice from your employer. You can also request a hearing to present your case to the judge.
Between $16,000 and $23,999 per year: up to $800 may be garnished. between $24,000 and $34,999 per year: up to $1,500 may be garnished. between $35,000 and $49,999 per year: up to $2,000 may be garnished, or. $50,000 or more per year: no more than 10% of your wages may be garnished.
Executions are valid for 120 days from the date of issuance from the Clerk of Court. Garnishments are in effect from the date of service until the judgment is satisfied, the maximum amount allowed by law is collected, the execution expires or the execution is stopped by the court or by the creditor in writing.
I'm on a limited income, can I be garnished? Iowa and federal law provide exemptions that allow people to protect basic necessities (minimum income and some property) from judgment creditors. Some types of income, like that from Social Security, unemployment benefits, and veterans' benefits, are also protected.