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.
Vermont Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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You may request an exemption to the garnishment. You must make your request within 30 days of when the garnishment was served on the bank. Use the form Motion for Release of Property from Levy/Garnishment (DC-CV-036).
If a garnishment has been placed on your wages, but you believe the garnishment is incorrect or should be stopped, you may file a ?Motion to Quash Garnishment and Request for Hearing? (Iowa Court Rule form 3.20).
Hear this out loud PauseGarnishments expire 120 days from the date it was issued by the Clerk of Court. The Sheriff's Office will require the last known address for the defendant, since for all non-wage garnishment a notice of garnishment is required to be mailed by restricted certified mail, as well as, one copy by first class mail.
Hear this out loud PauseGeneral Wage Garnishment Law in Iowa Like federal law, Iowa law says that, for any given workweek, creditors are allowed to garnish the lesser of: 25% of your disposable earnings, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage. (Iowa Code § 642.21).
Hear this out loud PauseIowa and federal law provide exemptions that allow people to protect basic necessities (minimum income and some property) from judgment creditors. Some types of income, like that from Social Security, unemployment benefits, and veterans' benefits, are also protected.
Hear this out loud PauseIf a garnishment has been placed on your wages, but you believe the garnishment is incorrect or should be stopped, you may file a ?Motion to Quash Garnishment and Request for Hearing? (Iowa Court Rule form 3.20).