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.
Indiana Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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US-01159BG
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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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After the plaintiff or party with the burden of proof upon an issue, in an action tried by the court without a jury, has completed the presentation of his evidence thereon, the opposing party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that ...
Rule 59 - Motion to correct error (A) Motion to correct error - When mandatory. A Motion to Correct Error is not a prerequisite for appeal, except when a party seeks to address: (1) Newly discovered material evidence, including alleged jury misconduct, capable of production within thirty (30) days of final judgment.
Filing requirements Motion must be signed by the filing party. Motion must clearly state which party is being dismissed. The Motion must contain a Certificate of Service. It is not necessary to upload a proposed order - the court will prepare one.
These include dismissals for: (b)(1) a lack of subject-matter jurisdiction. (b)(2) a lack of personal jurisdiction. (b)(3) improper venue.
(d) The motion to dismiss shall be granted if the court finds that the person filing the motion has proven, by a preponderance of the evidence, that the act upon which the claim is based is a lawful act in furtherance of the person's right of petition or free speech under the Constitution of the United States or the ...
Can obtain discoverable documents/things prepared in anticipation of litigation or for trial only upon a showing that party seeking discovery has substantial need to prep his case and is unable without undue hardship to obtain substantial equivalent by other means.
Rule 65 - Injunctions (A) Preliminary injunction. (1) Notice. No preliminary injunction shall be issued without an opportunity for a hearing upon notice to the adverse party. (2) Consolidation of hearing with trial on merits.
(e) The court must act on the motion to dismiss within thirty (30) days from the submission of evidence made by motion to the court that is discovered within the specific expedited time period allowed.