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.
In Missouri, a motion of defendant to discharge or quash a writ of garnishment for failure to serve copy of the writ on defendant and notice of motion is an important legal document used to challenge the validity of a garnishment order. This motion can be filed by the defendant when they believe that the plaintiff or the garnishing party failed to properly serve them with the required documents. Types of Missouri Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion: 1. Motion to Discharge or Quash Writ of Garnishment: This type of motion is filed by the defendant to request the court to dismiss or invalidate the garnishment order due to the plaintiff's failure to serve the defendant with a copy of the writ and notice of motion. The defendant argues that the lack of proper service violates their right to due process and fairness. 2. Motion to Discharge or Quash Writ of Garnishment for Insufficient Service: If the defendant believes that they were served improper or insufficient documentation related to the garnishment, they can file a motion to discharge or quash the writ. The defendant claims that the lack of proper service renders the garnishment order invalid and requests the court to dismiss it. 3. Motion to Discharge or Quash Writ of Garnishment for Lack of Notice of Motion: In case the defendant was not properly notified about the motion or the hearing related to the garnishment, they can file this type of motion. The defendant argues that the lack of notice deprives them of an opportunity to present their case or object to the garnishment, leading to an unfair legal process. 4. Motion to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ: This motion is filed when the defendant asserts that the plaintiff failed to serve them with a copy of the garnishment writ itself. The defendant argues that without receiving the official document, they were not given proper notice of the garnishment and the opportunity to respond to it. The Missouri 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 crucial tool for defendants to protect their rights when facing a garnishment order. It gives them the opportunity to challenge the validity of the garnishment based on improper service, lack of notice, or failure to serve the necessary documents. By filing the appropriate motion, the defendant can seek the dismissal or quashing of the garnishment order and protect their financial interests.
