Quash means to nullify, void or declare invalid. The procedure is used in both criminal and civil cases when there is an irregularity or defect in procedures.
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.
A Minnesota Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is a legal action taken by a defendant to request the court to dismiss or invalidate a writ of garnishment due to the plaintiff's failure to properly serve the defendant with a copy of the writ and notice of motion. This motion can be filed in various situations, such as when the defendant was not served with the necessary documents, or when there are procedural errors made by the plaintiff in the garnishment process. In Minnesota, there are different types of motions that a defendant can file in order to dispute the validity of the writ of garnishment. These include: 1. Motion to Discharge Writ of Garnishment: This motion is filed when the defendant seeks to have the writ of garnishment dismissed entirely. It argues that the plaintiff failed to properly serve the required documents, which violates the defendant's rights to fair notice and an opportunity to respond. 2. Motion to Quash Writ of Garnishment: This motion is similar to the motion to discharge, but it specifically focuses on requesting the court to invalidate or void the writ of garnishment. The defendant asserts that the lack of proper service of the writ and notice of motion has resulted in an improper or invalid garnishment. 3. Motion for Failure to Serve Copy of Writ on Defendant: This motion is filed when the defendant contests that they were not served with a copy of the writ of garnishment. It argues that without proper service, the defendant did not have knowledge of the garnishment and was unable to respond or defend against it. 4. Motion for Failure to Serve Notice of Motion: This motion is specifically filed when the defendant claims they were not served with a notice of motion, which informs them about the upcoming court hearing or the deadline to respond to the writ of garnishment. The defendant argues that without proper notice, they were deprived of their right to be heard in court. In summary, a Minnesota Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is a legal tool used by defendants to challenge the validity of a writ of garnishment. By filing appropriate motions, such as the motion to discharge, motion to quash, motion for failure to serve a copy of the writ, or motion for failure to serve notice of motion, defendants can seek relief from the court and protect their rights in the garnishment process.
