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.
In Washington, a Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion can be filed when proper service of the writ of garnishment, as well as the notice of motion, has not been provided to the defendant. This motion aims to have the garnishment order discharged or quashed due to the failure to follow proper procedural requirements. A motion to discharge or quash a writ of garnishment can be filed under various circumstances, including failure to serve the defendant with a copy of the writ and notice of motion. This motion provides an opportunity for the defendant to challenge the garnishment order based on procedural deficiencies. By filing this motion, the defendant asserts that their rights have been violated due to the failure to serve the necessary documents. Washington's law requires that both the writ of garnishment and notice of motion must be properly served on the defendant. The writ of garnishment is a court order that allows a creditor to collect funds from a debtor to satisfy a debt. The notice of motion is a document that notifies the defendant of the upcoming court hearing regarding the garnishment order. When these essential documents are not properly served on the defendant, it can result in a violation of the defendant's due process rights. Therefore, a Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is a crucial legal tool for defendants seeking to protect their rights. It is important to note that there may be different types of motions to discharge or quash a writ of garnishment for failure to serve the necessary documents. Some examples include: 1. Motion to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ: This type of motion addresses situations where the defendant has not been served with a copy of the writ of garnishment but may have received the notice of motion. 2. Motion to Discharge or Quash Writ of Garnishment for Failure to Serve Notice of Motion: In this scenario, the defendant may have received the copy of the writ of garnishment but was not properly served with the notice of motion. This motion challenges the garnishment order based on the failure to serve the notice of motion. 3. Combined Motion to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ and Notice of Motion: This motion addresses situations where the defendant has not been served with both the copy of the writ of garnishment and the notice of motion. Regardless of the specific circumstances, the goal of filing a Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is to rectify any procedural deficiencies and ensure that the defendant's rights are protected during the garnishment process in Washington.
