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Motion to Discharge or Quash Writ of Garnishment

Virginia Motion to Discharge or Quash Writ of Garnishment

Category:

Collections - Garnishment - Motions

State:

Multi-State

Control #:

US-02674BG

Format:

Instant download

Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.

This form is a generic example that may be referred to when preparing such a form for your particular state. It 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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How to fill out Motion To Discharge Or Quash Writ Of Garnishment?

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FAQ

A garnishment is good for 30, 60, 90 or 180 days, at the choice of the judgment-creditor. The garnished money is under the control of the court until the garnishment period is over.

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.

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.

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.

1) Attack the original judgment which would require you to request the case be reopened and require legitimate grows for challenging the legitimacy of the judgment being entered in the first place. And 2) qualify and file a bankruptcy which will immediately shut down the garnishment permanently.

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.

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).

Virginia Motion to Discharge or Quash Writ of Garnishment

Description

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How to fill out Motion To Discharge Or Quash Writ Of Garnishment?

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FAQ

How long does a garnishment order last in Virginia?

What are the garnishment rules in Virginia?

How do I respond to a garnishment summons in Virginia?

Do I have to go to court for a garnishment in Virginia?

What is a writ of garnishment in Virginia?

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What is exempt from garnishment in Virginia?

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Virginia Motion to Discharge or Quash Writ of Garnishment

Description

Related forms

Viewed forms

How to fill out Motion To Discharge Or Quash Writ Of Garnishment?

Form popularity

FAQ

How long does a garnishment order last in Virginia?

What are the garnishment rules in Virginia?

How do I respond to a garnishment summons in Virginia?

Do I have to go to court for a garnishment in Virginia?

What is a writ of garnishment in Virginia?

How can I stop a wage garnishment immediately in Virginia?

How do I beat a garnishment in Virginia?

What is exempt from garnishment in Virginia?

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