Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
What is this form?
The Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion is a legal document used by defendants to challenge wage garnishment orders. This form allows the defendant to request that the court quash (invalidate) or discharge the garnishment, typically on the grounds that the underlying judgment has been satisfied or is invalid. It is essential for defendants to understand their rights and options when faced with wage garnishment, making this motion vital in protecting their earnings.
State-specific compliance details
This form is a general form that can be adapted for use in different states. Since each state has its own laws, make any needed updates before completing it.
When to use this form
This form should be used when a defendant wishes to contest a writ of garnishment issued against their wages. Common scenarios include instances where the defendant believes that the underlying debt has already been paid, the garnishment is in violation of legal limits, or the judgment lacks merit. Filing this motion allows the defendant to formally request a court hearing to address these issues.
Who can use this document
- Defendants facing wage garnishment due to unpaid debts.
- Individuals looking to challenge the validity of a garnishment order.
- Those who believe a judgment against them has been satisfied or is legally incorrect.
Completing this form step by step
- Identify the parties involved, including the plaintiff, defendant, and garnishee.
- Fill in the case number and the date the writ of garnishment was served.
- Clearly state the grounds for quashing the writ of garnishment in the motion section.
- Provide the date and time for the court hearing and location details.
- Complete the certificate of service, listing the attorneys for both the plaintiff and garnishee.
Does this document require notarization?
In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.
Typical mistakes to avoid
- Failing to provide sufficient grounds for the motion, which may lead to dismissal.
- Omitting critical details about service to attorneys or the court.
- Missing the submission deadlines for filing the motion.
Benefits of using this form online
- Convenience of downloading the document from home anytime.
- Editability allows users to customize the form easily based on their circumstances.
- Access to professionally drafted content ensures legal compliance.
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FAQ
A writ of garnishment is an order granted to a third party (garnishee), to hold or attach the property of a defendant or judgment creditor.A motion to quash the writ of garnishment asks the judge to nullify its order, to a garnishee, of seizure or attachment of property of a defendant or judgment creditor.
It means that the court order to your employer to garnish your wages is dismissed. However, if you still owe money to the creditor, the creditor still can pursue you through other channels including if you start a new job elsewhere.
The Order dissolves the existing writ of garnishment. It means that whatever was being garnished, wages or bank accounts, are no longer subject to the writ of garnishment.
If it's already started, you can try to challenge the judgment or negotiate with the creditor. But, they're in the driver's seat, and if they don't allow you to stop a garnishment by agreeing to make voluntary payments, you can't really force them to. You can, however, stop the garnishment by filing a bankruptcy case.
A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.
Filing a claim of exemption. filing for bankruptcy, or. vacating the underlying money judgment.
In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.
In some instances you can negotiate a payment plan with your creditor to stop wage garnishment.Most creditors are willing to work out a payment plan with you rather than file the expensive forms and go through the legal process of garnishing your wages.
Try To Work Something Out With The Creditor. File a Claim of Exemption. Challenge the Garnishment. Consolidate or Refinance Your Debt. Work with a Credit Counselor to Get on a Payment Plan. File Bankruptcy.