New Jersey 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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FAQ

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. ... Work With Your Creditor. ... Challenge the Garnishment. ... File a Claim of Exemption. ... File for Bankruptcy.

STEP 1: Fill out the Certification in Objection to. STEP 2: Fill out the Wage Garnishment. STEP 3: Fill out the Certification of Service. The Certification of Service tells the court how you. ... STEP 4: Where to file. ... STEP 5: Check your completed forms. ... STEP 6: Mail or deliver your package of. STEP 7: You will get a court date.

New Jersey's wage garnishment laws are stricter than federal wage garnishment laws. For the most part, creditors with judgments can take only 10 to 25% of your wages. But a few types of debts, you might lose more of your paycheck to garnishment. Get debt relief now.

Also, under New Jersey law, a creditor may only garnish: up to 10% of your income if you earn no more than 250% of the federal poverty level for a household of your size, or. for a debt owing to the state, up to 25% if you earn more than 250% of the federal poverty level.

Ways to Stop Garnishment Pay Off Debt. Work with the Creditors. File an Objection with the Court. File for Chapter 7 or Chapter 13 Bankruptcy.

Ways to Stop Garnishment Pay Off Debt. Work with the Creditors. File an Objection with the Court. File for Chapter 7 or Chapter 13 Bankruptcy.

ENCUMBRANCES ON YOUR PENSION Although your pension is normally exempt from any liens, the New Jersey Division of Pensions & Bene- fits (NJDPB) will honor court orders for child support, alimony, or equitable distribution.

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New Jersey Motion to Discharge or Quash Writ of Garnishment