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.
Wisconsin Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion is a legal procedure used to challenge the validity of a garnishment order issued against an individual in the state of Wisconsin. This motion allows the defendant to request the court to discharge or quash the writ of garnishment, thereby preventing their wages, bank accounts, or other assets from being seized by the plaintiff. In Wisconsin, there are two main types of motions that can be filed by the defendant in relation to a writ of garnishment: 1. Motion to Discharge Writ of Garnishment: This motion is typically filed when the defendant believes that the garnishment order is improper or lacks legal grounds. The defendant needs to provide evidence and arguments supporting their claim, such as demonstrating that the debt has been satisfied, that the garnishment violates the law, or that they were not properly served with the garnishment paperwork. The motion should outline the reasons why the writ of garnishment should be discharged and request the court to release the defendant from their obligation to pay the debt through garnishment. 2. Motion to Quash Writ of Garnishment: This motion is filed when the defendant believes that there are procedural errors or irregularities in the garnishment process. The defendant may argue that they were not given proper notice, that the plaintiff failed to obtain a judgment before seeking garnishment, or that the creditor did not follow the correct garnishment procedures. The defendant must present evidence and legal arguments supporting their claim, and request the court to invalidate the writ of garnishment and dismiss the garnishment action. When filing either of these motions, the defendant needs to provide a Notice of Motion, which is a formal document that notifies the court and the opposing party about the intent to bring the motion and the specific relief sought. The notice should contain information about the date, time, and location of the hearing, where both parties will present their arguments before the judge. Keywords: Wisconsin, Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, procedural errors, irregularities, improper, legal grounds, garnishment order, seize, defendant, wages, bank accounts, assets, release, paperwork, judgment, garnishment procedures, relief sought, hearing, formal document.
