Massachusetts Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
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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

You may request an exemption to the garnishment. You must make your request within 30 days of when the garnishment was served on the bank. Use the form Motion for Release of Property from Levy/Garnishment (DC-CV-036).

If you disagree with the garnishment, you can file an Order to Show Cause with the appropriate court. After receiving instructions from the Sheriff or Marshal, OPA will suspend the distribution of your deductions until further instructions are received from the City Marshal or Sheriff.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

If a debt collector already has a judgment against you, then they might attempt to garnish your wages. This is one of the most common methods of attempting to collect judgments in Massachusetts, which is also called ?trustee process.? A wage garnishment can be stopped by the filing of a bankruptcy case.

A "wage garnishment," sometimes called a "wage attachment," is an order requiring your employer to withhold a certain amount of money from your pay and send it directly to one of your creditors. In most cases, a creditor can't garnish your wages without first getting a money judgment from a court.

In Massachusetts, the most a creditor can garnish from your wages is the lesser of: 15% of your gross wages (that is, before taxes or other mandatory deductions are taken out) or. your disposable income less 50 times the greater of the federal or the Massachusetts hourly minimum wage per week.

In other words, if you owe money to a person or company, they can obtain a court order directing your bank/credit union to take money out of your account to pay off your debt. If this happens, you cannot use that money in your account.

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Massachusetts Motion to Discharge or Quash Writ of Garnishment