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Louisiana Motion And Order For Dismissal of Garnishment Judgment

State:
Louisiana
Control #:
LA-SKU-0258
Format:
PDF
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Motion And Order For Dismissal Of Garnishment Judgment

Louisiana Motion and Order for Dismissal of Garnishment Judgment is a request to the court to suspend a garnishment judgment against the debtor. The motion is made to the court by the debtor, or their representative, and must be accompanied by an affidavit, and any other relevant documentation. The motion must be made within 30 days of the issuance of the garnishment judgment. If granted, the garnishment judgment is terminated and the debtor is released from their obligations. There are two types of Louisiana Motion and Order for Dismissal of Garnishment Judgment: Motion to Vacate Garnishment Judgment and Motion to Set Aside Garnishment Judgment. The Motion to Vacate Garnishment Judgment requests that the court reverse the garnishment judgment due to some legal defect or error. The Motion to Set Aside Garnishment Judgment requests the court to remove the garnishment judgment due to the debtor’s inability to pay.

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FAQ

A Motion to Dismiss is a request for the court to throw out a charge or charges against a defendant. It is a pretrial motion, heard by a judge. There is no jury involved. When a defendant files a Motion to Dismiss, they argue there is a problem with the legal basis of the charge and it should not proceed to trial.

Nolle prosequi is a Latin phrase meaning "will no longer prosecute" or a variation on the same. It amounts to a dismissal of charges by the prosecution. Some states, like New York, for example, don't use the phrase. Rather, they simply use the term dismissal.

A dismissal refers to the court's decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendant's motion to dismiss or do so sua sponte.

/d?s?m?s·?l/ a decision that something or someone is not important and not worth considering: The lawyer is seeking a dismissal of the charges against his client.

Dismissal Order means an Order of the Court dismissing the Pending Action in ance with the provisions of Article 6 below, which order has become final and no longer subject to appeal or reconsideration.

A motion to dismiss challenges the sufficiency of the complaint, while a motion for summary judgment challenges the underlying merits of the case. In other words, a motion to dismiss is based on the legal sufficiency of the complaint, while a motion for summary judgment is based on the factual sufficiency of the case.

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Louisiana Motion And Order For Dismissal of Garnishment Judgment