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.
The Oregon motion of the defendant to discharge or quash a writ of garnishment for failure to serve a copy of the writ on the defendant and notice of motion is a legal document aimed at challenging the garnishment process when proper notification has not been given to the defendant. This motion requests the court to release the defendant from the garnishment order due to procedural errors. Keywords: Oregon, motion, defendant, discharge, quash, writ of garnishment, failure to serve, copy of writ, notice of motion. In Oregon, there may be different types of motions within the context of "Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion." These types could be: 1. Motion to Discharge Writ of Garnishment — This motion seeks to have the entire garnishment order released due to the defendant not being properly served with a copy of the writ and notice of motion. It asserts that the lack of proper notification violates the defendant's rights and wants the court to set aside the entire garnishment. 2. Motion to Quash Writ of Garnishment — This motion, similar to a motion to discharge, aims to have the writ of garnishment canceled. It argues that the defendant was not appropriately served the writ and notice of motion, and requests that the court invalidate the garnishment order. 3. Motion for Failure to Serve Copy of Writ on Defendant — This motion specifically focuses on the failure to serve the defendant with a copy of the garnishment writ. It argues that without proper service, the garnishment is invalid and seeks to have it dismissed. 4. Motion for Failure to Serve Notice of Motion — This motion concentrates on the failure to provide the defendant with proper notice of the garnishment motion. It highlights that the defendant was unaware of the pending garnishment, hence the necessity to quash or discharge the writ. 5. Motion for Relief from Improper Service — This motion addresses situations where the defendant acknowledges receiving the garnishment documents but believes the service was flawed or improper based on specific legal grounds. It requests the court to cancel or release the garnishment order due to procedural irregularities. 6. Motion to Void Writ of Garnishment — This motion asserts that the entire writ of garnishment should be rendered void due to various reasons, including failure to serve a copy of the writ and notice of motion. It seeks the court's invalidation of the garnishment order. Note: It is essential to consult with a qualified attorney to ensure the appropriate motion is filed based on the specific circumstances of the case and in adherence to Oregon state laws and court rules.
