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Maine
Motion to Discharge or Quash Writ of Garnishment

Maine Motion to Discharge or Quash Writ of Garnishment

Category:

Collections - Garnishment - Motions

State:

Multi-State

Control #:

US-02674BG

Format:

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

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.

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.