Virgin Islands 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

Garnishment Exemption Statute Florida statutes provide that a judgment creditor cannot garnish earnings consisting of wages, salary, commission, or bonus payable to a Florida head of household.

Section 77.07 - Dissolution of writ (1) The defendant, by motion, may obtain the dissolution of a writ of garnishment, unless the petitioner proves the grounds upon which the writ was issued and unless, in the case of a prejudgment writ, there is a reasonable probability that the final judgment in the underlying action ...

Understanding Writ of Garnishment in Florida The statute provides that a creditor begins the garnishment process by filing a short motion with the court (?Motion for Writ of Garnishment?) and paying fees and deposits to the clerk of court. The clerk then issues the writ.

To stop wage garnishment in Florida, a judgment debtor must (1) review the writ for procedural mistakes, (2) file a claim of exemption, (3) gather all documents in support of the claimed exemption, and (4) attend the final hearing on the exemption. The most common exemption is the head of household exemption.

In ance with Rule 64 of the Federal Rules of Civil Procedure, a writ of garnishment may be issued pre- or post-judgment, ing to state law and practice. The requesting party may be required to provide an indemnity bond and an advance deposit to cover the U.S. Marshal's estimated out-of-pocket expenses.

If the creditor does not file with the court a motion for final judgment on the writ within the six months (or 12 months if extended) the writ automatically dissolves, and funds must be released to the bank account owner. These deadlines are not tolled or extended by litigation during the garnishment case.