Mississippi Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion

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Multi-State
Control #:
US-02252BG
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Word; 
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Description

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.

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FAQ

What Is a Summary Judgment Motion? A motion for summary judgment is when a litigant in a case, either the plaintiff or the defendant, asks the court to end the case without holding a trial.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.

Any party may serve as a matter of right upon any other party written interrogatories not to exceed thirty in number to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such ...

A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.

If action of record is not taken or good cause is not shown, the court shall dismiss each such case without prejudice. The cost of filing such order of dismissal with the clerk shall not be assessed against either party.

A motion for summary judgment "searches the record," meaning that the court reviews all of the evidence in the record, regardless of which side submitted it.

Despite the final ruling, the losing party can still ask the court to reconsider the ruling or grant a new trial. If desired, they can appeal the summary judgment to a higher court for review. However, keep in mind that strict time limits apply to these appeals procedures.

Motion for summary judgment: The court can consider all evidence in the record, even if the evidence was not cited in the pleadings.

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Mississippi Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion