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.
In the state of Iowa, a Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is a legal plead filed by a defendant who has not been properly served with a copy of the writ of garnishment and notice of motion. This motion aims to request the court to discharge or quash the garnishment order due to the defendant's lack of notice, which is essential for them to exercise their legal rights effectively. To better understand this type of motion, let's explore some key elements and different scenarios that may arise: 1. Motion of Defendant to Discharge Writ of Garnishment: This motion is typically filed when the defendant claims they were never served with the original writ of garnishment or any subsequent copies. The defendant argues that without proper service, they were unable to respond appropriately or assert any defenses to the garnishment. 2. Motion of Defendant to Quash Writ of Garnishment: In contrast to a motion to discharge, a motion to quash challenges the validity of the writ itself, asserting that it was improperly issued or does not comply with the applicable laws or procedures. It aims to prevent enforcement or halt any ongoing garnishment proceedings. 3. Failure to Serve Copy of Writ on Defendant: The defendant contends that the plaintiff or the court failed to provide them with a copy of the writ as required by Iowa law. Successful filing of this motion could result in the court dismissing the garnishment or ordering the plaintiff to serve the defendant with the necessary documents promptly. 4. Failure to Serve Notice of Motion: This type of motion arises when the defendant asserts that they did not receive proper notice of the motion seeking garnishment. Lack of proper notice deprives the defendant of an opportunity to respond and present any defenses or objections they may have. 5. Defendant's Legal Rights: The defendant argues that the failure to serve the necessary documents violates their constitutional rights to due process of law, including the right to notice and an opportunity to be heard before being subjected to a garnishment order. It is essential for defendants to promptly file a Motion to Discharge or Quash Writ of Garnishment as it often comes with strict time limitations. The court will consider the circumstances and evidence presented by both parties before making a decision on the motion. If successful, the court may discharge the writ, quash the garnishment, or require that the plaintiff properly serves the defendant moving forward.
