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.
Virginia Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?
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Homestead exemption of $5,000, or $10,000 if the debtor is 65 years of age or older, in cash, and, in addition, real or personal property used as the principal residence of the householder or the householder's dependents not exceeding $25,000 in value (§ 34-4, Code of Virginia).
YOU OR THAT INDIVIDUAL HAS THE RIGHT TO FILE A MOTION TO QUASH (OBJECT TO) THE ATTACHED SUBPOENA. IF YOU ELECT TO FILE A MOTION TO QUASH, YOU MUST FILE THE MOTION WITHIN 15 DAYS OF THE DATE OF THIS SUBPOENA.
A garnishment is a legal process that allows creditors to collect money from the debtor's wages, bank account, or other assets. The creditor must first obtain a court order before they can garnish the debtor's assets. The court order will specify how much of the debtor's wages can be garnished and for how long.
One way is by filing for bankruptcy, which will stop all garnishments and other collection efforts. The other way is by filing for an exemption, which will exempt you from garnishment but not bankruptcy. Under Virginia law, if you make less than approximately $300 per week you cannot be garnished.
If the summons contains sufficient or accurate information to enable the garnishee to reasonably identify the judgment debtor, the garnishee shall (i) answer to the summoning court and further state what the garnishee's records show as the last known address for the judgment debtor and any other information the ...
In most states, these are written questions, but in Virginia, you're required to appear in court and answer oral questions from the judge regarding your employment. Your employer is the garnishee or the person who will pay the wages they withhold from your paycheck to the creditor.
In Virginia, a creditor can garnish the lesser of 25% of your disposable earnings, or the amount by which your disposable earnings exceed 40 times the federal minimum hourly wage.
Clerical mistakes. Clerical mistakes in all judgments or other parts of the record and errors therein arising from oversight or from an inadvertent omission may be corrected by the court at any time on its own initiative or upon the motion of any party and after such notice, as the court may order.