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.
Louisiana 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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This writ authorizes the employer to withhold a portion of the debtor's wages and send it directly to the creditor. The creditor will need to serve the signed order and interrogatories on your employer. Once served, your employer then has 15 days to answer the interrogatories under oath and send it back to the court.
A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that: (1) The offense charged is not punishable under a valid statute; (2) The indictment does not conform with the requirements of Chapters 1 and 2 of Title XIII; (3) Trial for the offense charged would ...
If you arrested for a misdemeanor and unable to post bond, the State has 45 days to formally charge you with a crime. The State has 60 days to formally charge you with a felony unless the crime is punishable by death or life in prison without parole. Then, the state has 120 days to formally charge you.
You do this by filing a Claim of Exemption with the court and mailing it to the judgment creditor, the sheriff or constable who served the collection paperwork, and any third party involved (such as your employer or bank). ? Fill out the Claim of Exemption form completely.
701. Right to a speedy trial. A. The state and the defendant have the right to a speedy trial.
(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.
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.
Within 60 days if the defendant is not continued in custody for a misdemeanor charge; Within 120 days if the defendant is continued in custody for a felony charge; Within 180 days if the defendant is not continued in custody for a felony charge.