Pennsylvania Affidavit in Support of Motion to Discharge Writ of Garnishment is a legal document used in Pennsylvania to request the court to discharge or release a writ of garnishment served on an individual's property or wages. It is typically filed by the debtor or their attorney to challenge the validity of the garnishment order and seek its removal. This affidavit is a vital tool for individuals seeking relief from the garnishment process. It serves as a written statement, made under oath, outlining the debtor's grounds for disputing the garnishment and requesting its discharge. The affidavit must be filed with the court and served to the creditor or their representative. Relevant keywords for this topic may include: 1. Pennsylvania: The affidavit pertains specifically to the state of Pennsylvania and follows the regulations and guidelines set by its laws. 2. Affidavit: An affidavit is a written and sworn statement used as evidence in legal proceedings. In this case, it supports the motion to discharge the writ of garnishment. 3. Motion: A motion is an application made to the court that requests a specific action or decision. Here, it seeks the discharge of the garnishment writ. 4. Discharge: Discharge refers to the release or elimination of the garnishment order. The affidavit provides reasons and arguments to support the request for discharge. 5. Writ of Garnishment: A writ of garnishment is a legal order that allows a creditor to collect an outstanding debt from a debtor by seizing their property or wages. 6. Support: The affidavit aims to provide evidence, arguments, and facts to support the debtor's claim for discharging the garnishment writ. 7. Types: Although there is generally one type of Pennsylvania Affidavit in Support of Motion to Discharge Writ of Garnishment, it may vary slightly depending on the specific circumstance or court requirements. It is advisable to consult with an attorney familiar with Pennsylvania's laws to ensure the correct form is used. In conclusion, the Pennsylvania Affidavit in Support of Motion to Discharge Writ of Garnishment is a crucial legal document that enables individuals to challenge and request the removal of a garnishment order. By presenting their arguments and evidence in the affidavit, debtors can seek relief from the financial burden imposed by the garnishment process.
Pennsylvania Affidavit in Support of Motion to Discharge Writ of Garnishment
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How to fill out Pennsylvania Affidavit In Support Of Motion To Discharge Writ Of Garnishment?
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FAQ
Pennsylvania judgments are valid for 5 years. Judgments can be revived every 5 years and should be revived if a creditor is attempting to actively collect on the debt. Judgments also act as a lien against real property for up to 20 years or longer if properly revived.
A Writ of Summons must be served within 30 days after it was filed.
(c) The lien of a writ of revival or of an agreement to revive shall continue for a period of five years from the date on which the writ or agreement was entered in the judgment index.
Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.
The most effective way to stop a writ of execution is to ask the Judgment Creditor to stop it. The sheriff will often back off if the parties are working to resolve the judgment. We have plenty of experience in settling judgments. Another sure fire way to stop a writ of execution is to file for Bankruptcy.
Once granted, a Writ of Execution is good for 90 days. Deputy Sheriffs attempt service of the writ only during working hours, which are am to pm Monday to Friday. Deputy Sheriffs make numerous attempts to serve the writ and continue to make attempts for the full 90 days until expiration of the writ.
Furthermore, an execution, if the writ is served within its ninety-day period of validity, remains valid thereafter for purposes of completing the execution, and authorizes a sale even after the ninety-day period without further issuance of the writ. (Rule 3106(d)).
A creditor can sue you if you get behind in your payments. The creditor may file a law suit at the Magisterial District Court if it's for a small amount, or may sue you in the County Court of Common Pleas, or in Federal Court. A PA constable or sheriff must serve you with a copy of the Complaint.