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.
North Carolina Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?
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In some states levy is called attachment or account garnishment. The names may vary but the concept is the same. In North Carolina, bank accounts are not generally exempt from attachment by judgment creditors, so be careful about depositing money into a bank account if you have a judgment against you.
A Charge Off Does Not Mean the Debt is No Longer Owed This does not mean that you no longer owe the debt. The creditor can still attempt to collect the debt. One way they may be able do so is through wage garnishment.
Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties.
(26 U.S.C. § 6334(d)). States and local governments might also be able to garnish your wages to collect unpaid state and local taxes. Garnishments by the North Carolina Department of Revenue are limited to 10% of your gross wages.
Under North Carolina law, an employer may be ordered to withhold wages from an employee and pay them to a creditor for the following types of debts: taxes, student loans, child support, alimony, and payment of ambulance services in certain North Carolina counties.