Louisiana Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It 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

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.

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.

However, filing for bankruptcy can provide an immediate stop to wage garnishment. This is due to an injunction known as the automatic stay, which comes into effect as soon as you file for bankruptcy. The automatic stay prohibits most creditors from continuing collection activities, including wage garnishment.

In Louisiana, wage garnishments can last as long as it takes to pay the money you owe back. Judgment creditors are limited in the total amount they can garnish and how much they can garnish from each paycheck.

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.

In Louisiana (and under federal law), creditors can only garnish the lesser of the following in any given workweek on a per paycheck basis: 25% of your weekly disposable earnings, or. The amount by which your weekly income exceeds 30 times the federal minimum wage (currently $7.25 per hour).

The other 75% of your earnings and any other income that can't be garnished by a creditor is considered exempt. In Louisiana, other exemptions include Social Security benefits, unemployment benefits, and worker's compensation, among others.

A wage garnishment requires your employer to deduct a specified amount from your wages to pay your tax debt. Your employer must continue to deduct the specified amount from your net wages until the tax debt is paid.

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Louisiana Motion to Discharge or Quash Writ of Garnishment