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 the state of New Hampshire, a Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion serves as a legal recourse for defendants who believe their rights have been violated due to improper service of legal documents. This motion aims to quash or discharge the writ of garnishment based on the failure of the plaintiff to serve the defendant with a copy of the writ and notice of the motion. When filing a Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion in New Hampshire, it is crucial to ensure that all relevant keywords are included to properly address the context and nature of the motion. Some relevant keywords to consider when composing such a motion may include: 1. Motion: The legal action initiated by the defendant to challenge the writ of garnishment. 2. Defendant: The individual or entity against whom the writ of garnishment has been issued. 3. Discharge: The request to eliminate or terminate the writ of garnishment due to improper service. 4. Quash: The request to nullify or invalidate the writ of garnishment because of failure to adhere to proper procedural requirements. 5. Writ of Garnishment: A legal document authorizing the seizure of the defendant's assets to satisfy a debt owed to the plaintiff. 6. Failure to Serve: The alleged failure on behalf of the plaintiff to properly deliver documents to the defendant. 7. Copy of Writ: Refers to the specific legal document that should have been served on the defendant. 8. Notice of Motion: The official notification to the defendant regarding the initiation of the motion challenging the writ of garnishment. It is essential to note that specific types or variations of this motion may not exist, as the general purpose remains to dispute improper service or procedural errors related to the writ of garnishment. Therefore, the focus should primarily be on accurately addressing the deficiencies surrounding the failure to serve the copy of the writ on the defendant and provide notice of the motion. By articulating the details of the alleged failure to serve and demonstrating the legal grounds for discharge or quashing of the writ, the defendant aims to protect their rights and advocate for a fair legal process.
