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

State:
Multi-State
Control #:
US-02252BG
Format:
Word; 
Rich Text
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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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Rule 37 - Failure to Make or Cooperate in Discovery: Sanctions. (a)Motion for Order Compelling Discovery. A party, upon reasonable notice to other parties and all persons affected thereby, may apply for an order compelling discovery as follows: (1)Appropriate Court.

Rule 30 - Depositions upon Oral Examination. (a) When Depositions May Be Taken; When Leave Required. (1) Any party may take the testimony of any person, including a party, by deposition upon oral examination without leave of court except as provided in paragraph (2).

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court in which the action is pending.

Interrogatories to Parties (a) In General. (1) Availability. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.

Rule 35 - Correction, Decrease, or Increase of Sentence. (a)Correction or reduction of sentence. The court may correct an illegal sentence at any time.

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership, governmental entity, or unincorporated association, by any officer or agent, who shall furnish such information as is available to the party.

Rule 36 - Clerical Mistakes. Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of the court's own initiative or on the motion of any party and after such notice, if any, as the court orders.

Rule 33 of the Federal Rules of Civil Procedure limits the number of interrogatories a party may propound to twenty-five. Parties must obtain leave of court before serving more than twenty- five interrogatories.

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