Montana 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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How to fill out Motion To Discharge Or Quash Writ Of Garnishment?

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FAQ

Montana Civil Statutes of Limitations However, actions for collection on the value of a court judgment carry a ten-year limit.

If you can't afford that, you can try to negotiate with the creditor and work out a payment plan. Another way to stop wage garnishment in Montana is by filing bankruptcy. Filing a bankruptcy case triggers the automatic stay, which requires most debt collection tools like garnishment to stop.

How Long Is a Writ of Execution Good for? ing to Texas Rule of Civil Procedure 34.001, a Writ of Execution for a money judgment can be applied for within 10 years of the entry of a judgment and is good for just as long. Within the 10 year period, the writ can be renewed at any time for an additional 10 years.

The judgment may be executed against a savings or checking account, personal property (not a necessity of life), wages, vehicles, or any other assets of the judgment debtor. Praecipe - The winning party may ask the sheriff or a process server to serve papers on the other party.

City Judge or Clerk. D. RETURN OF EXECUTION. The writ of execution shall remain in effect for 120 days from the date of receipt by the sheriff or levying officer and may be served multiple times during that period at the direction of the judgment creditor.

An execution is an order to the Sheriff or levying officer to assist the collection process. The judgment may be executed against a savings or checking account, personal property (not a necessity of life), wages, vehicles, or any other assets of the judgment debtor.

Writ of Execution: After being awarded a Judgment, you may file a written request for a Writ of Execution. A Writ can be used to garnish wages or execute against a checking or savings account. A Writ can only be served by the Sheriff's Office or a licensed levying officer.

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Montana Motion to Discharge or Quash Writ of Garnishment