Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion
Definition and meaning
The Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is a legal document filed in court by a defendant who wants to challenge the validity of a garnishment. A garnishment is a court order that allows a creditor to collect a debt directly from a third party, commonly an employer, by withholding wages or other payments. In this case, the defendant argues that they were not properly served with the writ of garnishment, which may render the garnishment invalid under state law.
How to complete a form
To complete the Motion of Defendant to Discharge or Quash Writ of Garnishment, gather the following information:
- Your name and address
- The name and address of the court
- The cause number of the original garnishment case
- The name of the plaintiff and their attorney
- The date you were served with the motion, if applicable
Follow these steps:
- Fill in the header with the court's name, county, and your personal information.
- Clearly state your request to quash the writ of garnishment.
- Sign and date the motion.
Make sure to follow any specific state instructions that may apply to your case.
Who should use this form
This form is designed for defendants who have received a writ of garnishment but believe it was issued improperly. If you did not receive a copy of the writ or the required notice of motion, you may use this form to challenge the garnishment. Individuals seeking to protect their wages or bank accounts from wrongful garnishment should consider using this form.
Key components of the form
The key components of the Motion of Defendant to Discharge or Quash Writ of Garnishment include:
- Defendant's information: Personal details of the defendant filing the motion.
- Court details: The court's name and address where the motion is filed.
- Case details: The cause number and details about the original garnishment.
- Request for dismissal: A clear statement outlining the basis for quashing the writ.
Common mistakes to avoid when using this form
When completing the Motion of Defendant to Discharge or Quash Writ of Garnishment, avoid these common pitfalls:
- Failing to include your contact information and the court's details.
- Not signing and dating the motion before submission.
- Missing any supporting documents or previous court orders that may apply.
- Not adhering to your state's specific filing requirements and deadlines.
What to expect during notarization or witnessing
While notarization is not always required for the Motion of Defendant to Discharge or Quash Writ of Garnishment, it can provide an extra layer of verification. If notarization is necessary:
- Go to a licensed notary public with your completed motion.
- Present a valid identification document, like a driver's license or passport.
- Sign the document in front of the notary, who will then apply their seal.
This process ensures that the document is legally recognized and can help avoid issues in court.
Form popularity
FAQ
It releases your garnishment! When a creditor sues you, they eventually get a judgment in court. With this judgment, they can send a letter to your employer so that they can garnish your wages.A release of garnishment would stop any future garnishments.
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.
The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.
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.
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.
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.
Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.