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.
A motion to discharge or quash a writ of garnishment in New Hampshire refers to a legal request made by the defendant to relieve or cancel the writ of garnishment that has been issued against them. This motion is typically filed in cases where the defendant believes that the garnishment is improper, unjust, or violates their rights. It is important to properly understand the different types of motions related to this matter in New Hampshire courts. 1. General Overview: In New Hampshire, a motion to discharge or quash a writ of garnishment is a formal pleading submitted by the defendant to challenge the validity or enforceability of the garnishment order placed against them. This motion is designed to protect the rights of the defendant and ensure fair and proper legal procedures are followed. 2. Grounds for Filing a Motion: Defendants in New Hampshire may file a motion to discharge or quash a writ of garnishment on various grounds. These may include: — Lack of proper service: If the defendant was not properly served with the garnishment documents, they can argue that the writ should be discharged due to improper service. — Legal defects: The defendant can claim that there are legal deficiencies in the garnishment order, such as incorrect calculations, incomplete information, or violations of procedural rules. — Exemptions and exemptions rights: If the defendant has funds or property that are exempt from garnishment under New Hampshire law, they can argue that the writ should be discharged based on their rights to these exemptions. — Lack of jurisdiction: If the court does not have the proper jurisdiction over the defendant or the subject, they can argue that the garnishment writ should be quashed. 3. Notice of Motion: When filing a motion to discharge or quash a writ of garnishment in New Hampshire, the defendant is required to provide a notice of motion to the relevant parties involved. The notice of motion specifies the date, time, and place where the motion will be heard, allowing the opposing party an opportunity to respond and present their arguments against the motion. 4. Different Types of Motions: While there may not be specific types of motions to discharge or quash a writ of garnishment in New Hampshire, defendants may use additional motions in conjunction with or in support of their primary motion. These could include: — Motion for stay: A defendant may request a stay of the garnishment proceedings while their motion is being considered. This motion seeks to temporarily halt any further actions related to the garnishment until the court decides on the discharge or quash motion. — Motion to reconsider: If a motion to discharge or quash is denied, the defendant may file a motion to reconsider. This motion asks the court to review its decision based on new evidence, errors, or legal arguments that were not considered previously. In conclusion, a motion to discharge or quash a writ of garnishment in New Hampshire serves as a vital legal tool for defendants seeking relief from an imposed garnishment order. By carefully understanding the available grounds for filing such a motion and following proper procedures, defendants can protect their rights and challenge the validity of the garnishment.
