Nevada Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion

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Multi-State
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US-02252BG
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Word; 
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Description

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.

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FAQ

Once there is a judgment, the court has ruled you owe the money. A judgment remains in effect in Nevada for six years, and can be renewed forever. Executing a judgment allows a creditor to garnish your wages or attach your bank account or other property.

You may be able to get a court order called a Writ of Garnishment to obtain a portion of the judgment debtor's wages. In order to garnish wages, you must know the name and address of the employer of the person you have the judgment against.

You may attend the auction and bid on the vehicle or property. All Execution/Garnishments expire after 180 days. If for some reason your judgment is not satisfied within the 180 days, you may refile in your local court.

For injuries that occur on or after October 1, 2023, the statute of limitations to bring a medical malpractice claim in Nevada is two (2) years from the time you discovered (or should have discovered) your injury or three (3) years from the date the medical provider caused your injury ? whichever is sooner.

A defendant may plead guilty, not guilty, or, with the consent of the court, nolo contendere. If the defendant refuses to plead, or if a defendant corporation fails to appear, the court must enter a plea of not guilty.

Someone over 18 who is not a party to the case and not interested in the outcome of the case must personally serve the papers and fill out an Affidavit of Service stating when, where, and what was served. Generally, all papers filed after that can be sent to the other party by regular mail (there are exceptions).

In Nevada, you can write to the court that gave the garnishment order to exempt specific funds or property. To succeed, you must provide evidence and documentation, such as bank statements, tax returns, and receipts, to support your claim under state and federal laws.

Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented.

Rule 11 of the Federal Rules of Civil Procedure imposes a threshold prefiling investigation that, while appearing straightforward, might leave doubt about what satisfies the requisite inquiry. Under Rule 11, there is an affirmative duty to investigate both as to law and as to fact before a complaint is filed.

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Nevada Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion