A New York Affidavit in Support of Motion to Discharge Writ of Garnishment is a legal document that is filed in court to request the discharge of a writ of garnishment. This affidavit provides detailed information and arguments to support the request. In New York, there are different types of Affidavit in Support of Motion to Discharge Writ of Garnishment. Some of these types include: 1. Affidavit based on Exemption: This type of affidavit asserts that the garnished funds are exempt from garnishment under specific statutory exemptions in New York law. The affidavit would detail the specific exemption(s) being claimed, such as exemptions for certain types of income, public benefits, or pensions. 2. Affidavit disputing the amount owed: If the debtor believes that the amount being garnished is incorrect, they can file an affidavit stating their position. This affidavit would present evidence and arguments to support the contention that the amount being garnished is inaccurate or unfairly calculated. 3. Affidavit of hardship: This type of affidavit is filed when the debtor can demonstrate that the garnishment of their wages or assets would cause significant financial hardship. The affidavit would include details of the debtor's financial situation, such as income, expenses, and dependents, to support the claim of hardship. 4. Affidavit challenging the legality of the garnishment: If the debtor believes that the garnishment was conducted unlawfully or without proper legal authority, they can file an affidavit challenging the legality of the garnishment. This affidavit would outline the reasons why the garnishment is improper, such as procedural defects or lack of proper notice. Regardless of the specific type, a New York Affidavit in Support of Motion to Discharge Writ of Garnishment generally includes key components. These components may include: 1. Identification: The affidavit would identify the court, case number, and parties involved. 2. Background: It would provide a brief overview of the garnishment proceedings, including when the writ of garnishment was issued and the amount being garnished. 3. Supporting facts: The affidavit would present relevant facts and evidence to support the debtor's request for discharge. This may include financial information, documentation of exemptions, evidence of improper garnishment, or any other relevant information. 4. Legal arguments: The affidavit would include legal arguments and citations to support the debtor's position. This could involve referencing relevant New York statutes, case law, and legal principles. 5. Conclusion and request: The affidavit would conclude by summarizing the arguments and requesting that the court discharge the writ of garnishment. It is essential to consult an attorney or legal professional when preparing a New York Affidavit in Support of Motion to Discharge Writ of Garnishment to ensure compliance with relevant laws and procedures.
New York Affidavit in Support of Motion to Discharge Writ of Garnishment
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How to fill out Affidavit In Support Of Motion To Discharge Writ Of Garnishment?
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For example, in New York State Courts, a judge is required to rule on a motion within 60 days after it is ?finally submitted.? This salutary rule allows the parties to predict when a ruling will be issued (smirk) and it enables a party that complains to the Administrative Judge to also predict what the ruling will be.
A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
Decisions. If the motion or OSC can't be settled, the Judge will make a decision. Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
An OSC is a court order that must be signed by a Judge before it is served upon the opposing party. - Request an OSC only if your request requires immediate action or you seek a stay. - You may ask for a Temporary Restraining Order (TRO) to stay (stop) an action being taken by a party.
To oppose a motion, you must prepare an affidavit or affirmation. You will title your submission as appropriate, for example: plaintiff s opposition to defendant's motion to dismiss or for summary judgment. A form is attached to these instructions. DO NOT USE THIS FORM AS YOUR AFFIDAVIT OR AFFIRMATION.
The return date is the court date. The party making the motion chooses the court date and puts it in the Notice of Motion so everyone knows when to come to court.
Briefing Schedule The moving party can elect one of two briefing schedules: "16-7-1" or "8-2". Under the "16-7-1" briefing schedule, the moving party must serve the notice of motion and motion papers at least 16 days before the return date of the motion.