Vermont Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion

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Multi-State
Control #:
US-02252BG
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Word; 
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Description

Quash means to nullify, void or declare invalid. The procedure is used in both criminal and civil cases when there is an irregularity or defect in procedures.


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.

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FAQ

On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been ...

When an action is commenced by filing, summons and complaint must be served upon the defendant within 60 days after the filing of the complaint. When an action is commenced by service, the complaint must be filed with the court within 21 days after the completion of service upon the first defendant served.

The officer or other person making an attachment shall make proof of its execution by setting forth on the original or a certified copy of the writ, or a paper attached to it for that purpose, the date or dates and manner of execution and a description of all real estate and a list of all goods, chattels, or other ...

Rule 3 - Appeal as of Right - How Taken (a)In General. A judgment that is reviewable as of right in the Supreme Court may only be reviewed by appeal in ance with these rules.

Rule 5 - Appearance Before a Judicial Officer (a)In General. When a person arrested with or without a warrant, or served a citation or summons, is brought or appears before a judicial officer as provided in Rules 3 and 4, the judicial officer shall proceed in ance with this rule.

Rule 12 - Pleadings and Motions Before Trial; Status Conference (a) Pleadings and Motions. The pleadings in criminal proceedings are the indictment and the information, and the pleas of not guilty, guilty and nolo contendere.

Rule 3 - Arrest Without A Warrant; Citation to Appear (a) Arrest Without a Warrant for a Felony Offense. A law enforcement officer may arrest without warrant a person whom the officer has probable cause to believe has committed or is committing a felony.

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Vermont Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion