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.
New Mexico Motion to Discharge or Quash Writ of Garnishment is a legal process through which an individual can challenge or seek relief from an issued writ of garnishment in New Mexico. A writ of garnishment is a court order that allows a creditor to collect a debt directly from a debtor's financial accounts or wages. However, in certain situations, the debtor may have valid grounds to dispute or stop the garnishment. There are primarily three types of New Mexico Motion to Discharge or Quash Writ of Garnishment: 1. Motion to Discharge Writ of Garnishment: This motion is typically used when the debtor believes that the garnishment is improper or invalid. Valid reasons for seeking a discharge may include incorrect identification of the debtor, improper service of the writ, or inaccurate calculation of the debt owed. By filing this motion, the debtor requests the court to terminate or release the garnishment order. 2. Motion to Quash Writ of Garnishment: This type of motion is used when the debtor believes that the garnishment order was issued based on erroneous or false information. The debtor may present evidence to prove that they do not owe the debt, the debt has already been paid, or the creditor has violated any legal procedures during the collection process. By filing this motion, the debtor seeks to have the garnishment order set aside. 3. Motion for Exemption: In circumstances where the debtor can demonstrate that their income or certain assets are exempt from garnishment under state or federal law, they may file a motion for exemption. This motion is based on specific exemptions as outlined by the New Mexico laws, which protect certain types of income, such as public assistance benefits, retirement funds, or wages below a certain threshold. When filing a New Mexico Motion to Discharge or Quash Writ of Garnishment, it is important to ensure that all legal requirements and deadlines are met. It is advised to consult with an attorney experienced in debt collection and garnishment laws to guide you through the process and present a strong case for relief from the garnishment order.
