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Maine Affidavit in Support of Motion to Discharge Writ of Garnishment

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US-02254BG
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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.

Maine Affidavit in Support of Motion to Discharge Writ of Garnishment is a legal document used in the state of Maine to request the discharge of a writ of garnishment. This affidavit is typically filed by a garnishee, who is a third party holding funds or assets of the debtor, to contest the validity or enforceability of the garnishment order. This detailed description will explore the purpose, process, and key elements of a Maine Affidavit in Support of Motion to Discharge Writ of Garnishment. Keywords: Maine, affidavit, motion to discharge, writ of garnishment, legal document, third party, debtor, garnishee, contest, validity, enforceability. There are different types of Maine Affidavit in Support of Motion to Discharge Writ of Garnishment, including: 1. Affidavit of Exemption: A garnishee may file this affidavit to claim an exemption from the garnishment order. The affidavit details the specific exemptions provided by Maine law, such as property or income that is protected from creditors. 2. Affidavit of Incorrect Identity: If the garnishee believes that they have been mistakenly identified as the debtor, they can file this affidavit. They must provide evidence of their true identity and demonstrate that they are not the debtor being targeted by the garnishment order. 3. Affidavit of Satisfaction: This affidavit is utilized when the garnishee believes that the debt owed by the debtor has been satisfied or paid in full. The garnishee must provide proof of payment, such as receipts or canceled checks, to support their claim. 4. Affidavit of Improper Service: A garnishee may file this affidavit if they believe that the garnishment order was not served properly or was not served upon the correct party. They must provide evidence or supporting documentation to establish the improper service of the writ. 5. Affidavit of Undue Hardship: If the garnishee can demonstrate that complying with the garnishment order would cause them undue hardship, they can file this affidavit. The garnishee must offer evidence showing the substantial negative impact complying with the order would have on their financial situation. It is essential to note that the specific types and requirements of Maine Affidavits in Support of Motion to Discharge Writ of Garnishment may vary. Therefore, consulting with a legal professional or carefully reviewing Maine's laws and regulations is crucial to determine the appropriate affidavit to file and the specific content required to support the motion for discharge.

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At the trial management conference, the parties shall be prepared and authorized to discuss settlement in good faith.

Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.

Rule 303 - Presumptions in Criminal Cases (a) Scope. This rule governs the application of statutory and common law presumptions, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt in criminal cases.

In Massachusetts, a motion to suppress is a way to exclude evidence that the police got illegally. If you win a motion to suppress, the Commonwealth cannot introduce the illegal evidence at trial. Sometimes, that means the case is dismissed.

Trustee process may be used by a party bringing a counterclaim, a cross-claim, or a third-party complaint in the same manner as upon an original claim. Such party may use trustee process, even though the trustee does not reside or maintain a usual place of business in the county where the action is pending.

A motion in limine asks the Court to decide whether specific evidence can be used at trial. Under Federal Rule of Civil Procedure 59(e), after entry of judgment, either party may file a motion to alter or amend the judgment if the party believes a mistake was made in the judgment that could be corrected by changing it.

To commence trustee process, a plaintiff must request and receive a court order approving trustee process. The plaintiff then serves a ?trustee summons? within 30 days of the order on the trustee. The service of the trustee summons ?binds? all property in the name of the defendant that is in possession of the trustee.

Rule 41A - Motion to Suppress Evidence (a) Grounds of Motion. A defendant may move to suppress as evidence any of the following, on the ground that it was illegally obtained: (1) property; (2) statements of the defendant; (3) test results; (4) out-of-court or in-court eyewitness identifications of the defendant.

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An attachment of property shall be sought by filing with the complaint a motion for approval of the attachment. The motion shall be supported by affidavit or ... The affidavit filed in support of a motion for ex parte trustee process must set forth specific facts sufficient to warrant the court's finding of one of the ...The motion shall be under oath and set forth the facts that give rise to the motion or shall be accompanied with a supporting affidavit setting forth the facts. The usual mode of attacking a garnishment directly is by a motion to quash or discharge the writ. Aug 27, 2012 — To obtain a writ of garnishment, a judgment creditor must make, before an officer authorized to administer oaths, and file, with the clerk of ... 2. To complete the top part of each form, copy from your original judgment or prior order. The location, docket number, and names of plaintiff and defendant ... Jul 1, 1974 — An action in which trustee process is sought may be commenced only by filing the complaint with the court, together with a motion for approval ... by CW Jackson · 1975 — filed a motion to dis- miss the writ and discharge the bond alleging that the garnishment effected a violation of its right of due process ... by DJ Bishop · 1969 · Cited by 2 — Motion to Discharge Attachment. By statute the California debtor may, on motion, apply for discharge of the writ of garnishment on the ground that it was im-. On January 17 defendants moved that the garnishee, Walsh, be discharged and on February 4 this motion was heard and granted. March 21, decision in this action ...

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Maine Affidavit in Support of Motion to Discharge Writ of Garnishment