Idaho Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion

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US-02252BG
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Description

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.

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FAQ

For collection of a debt on an account, where there is an agreement in writing, the statute of limitations is five years. (Refer to §5-216.) For collection of a debt on an account, where there is an oral agreement, the statute of limitations is four years. (Refer to §5-217.)

On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage. (Idaho Code Ann. § 11-207, § 11-712).

For collection of a debt on an account, where there is an agreement in writing, the statute of limitations is five years. (Refer to §5-216.) For collection of a debt on an account, where there is an oral agreement, the statute of limitations is four years. (Refer to §5-217.)

Anyone who is in possession or control of property or money of a debtor can be served with a Writ of Execution and Garnishment. The Garnishment orders the party in possession to turn over that property to the Sheriff who served the order.

11-703. GARNISHMENT -- SERVICE OF WRIT OF EXECUTION OR GARNISHMENT -- FINANCIAL INSTITUTIONS.

Generally, money you receive from Social Security income, pensions, veteran's benefits, spousal support, child support, and life insurance are exempt from garnishment.

Ordinary garnishments Under Title III, the amount that an employer may garnish from an employee in any workweek or pay period is the lesser of: 25% of disposable earnings -or- The amount by which disposable earnings are 30 times greater than the federal minimum wage.

Wage garnishments are controlled by the Federal Wage Garnishment Guidelines. The maximum amount the Sheriff can levy on each pay period is 25% of the debtor's disposable earnings.

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Idaho Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion