Minnesota 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

Many provinces use net pay to determine wage garnishments. Quebec however uses gross pay. Corporate creditors cannot garnish more than 30% of gross pay in the province. There is also $30 exempt per week for each dependent.

You can stop a garnishment in Minnesota by paying off the debt in full, renegotiating the debt with the creditor, orfiling bankruptcy. Filing bankruptcy stops wage garnishment through anautomatic stay. This is a court order requiring creditors or debt collectors to stop collection activity.

Creditors generally cannot garnish more than 25 percent of your ?disposable wages." ?Disposable? wages are the earnings that remain after deducting all withholdings required by law, or any of your disposable wages if you make less than $380 per week. These limits do not apply to judgments for child support.

To claim that your wages are exempt from garnishment, you must promptly return to the creditor's attorney the ?Debtor's Exemption Claim Notice? that came with the Notice of Intent to Garnish Earnings. You must include a copy of your last 60 days of bank statements with this paperwork.

Your earnings are completely exempt from garnishment if you are now a recipient of assistance based on need, if you have been a recipient of assistance based on need within the last six months, or if you have been an inmate of a correctional institution in the last six months.

Some exemptions are automatically applied. For example, an Order to take your wages (garnishment) will include limitations required by state and federal laws. For all other exemptions, you should notify the Court in writing that you believe a specific exemption applies to you.

To enforce a claim asserted in a civil action venued in a court of record, a garnishment summons may be issued by a creditor and served upon the garnishee in the same manner as other summons in that court of record, except that service may not be made by publication.

If the creditor obtains a judgment against you??regardless of whether it's a judgment after a hearing or trial or a default judgment??Minnesota law allows the creditor to begin the garnishment process.

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Minnesota Motion to Discharge or Quash Writ of Garnishment