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.
Title: Understanding the Wisconsin Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion Introduction: In Wisconsin, when a Writ of Garnishment is issued against a defendant, it is crucial that the defendant receives proper notification and the opportunity to address any concerns or objections they may have regarding the garnishment proceedings. Failing to serve the defendant with a copy of the writ and proper notice of the motion can result in the defendant filing a Motion to Discharge or Quash the garnishment. This article provides a detailed description of what the motion entails, its different types, and how it influences the garnishment process in Wisconsin. Key Terms: — Wisconsin: Refers to the specific state where the garnishment process is governed. — Motion: A formal request made by the defendant to the court seeking specific actions or relief. — Defendant: The individual against whom the Writ of Garnishment has been issued. — Discharge: The termination or cancellation of the garnishment order. — Quash: To declare a writ or order invalid or void. — Writ of Garnishment: A legal document that allows a creditor to collect a debtor's funds held by a third party, such as an employer or financial institution. — Failure to Serve Copy of Writ: The defendant's claim that they did not receive a proper notification of the garnishment proceedings. Types of Wisconsin Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion: 1. Motion to Discharge Writ of Garnishment: In this type of motion, the defendant argues that the garnishment is improper or invalid due to a failure to serve them with a copy of the writ and proper notice of the motion. The defendant may allege non-compliance with the legal requirements of service as a basis for requesting the discharge of the garnishment. 2. Motion to Quash Writ of Garnishment: Similar to the Motion to Discharge, a defendant may file this motion based on the contention that the garnishment order should be quashed since proper service was not achieved. The defendant supports their claim by highlighting the absence of a copy of the writ and notice of the motion accurately delivered to them. Impact of the Motion: When a defendant files a Motion to Discharge or Quash the garnishment, the court will review the allegations made and evaluate the evidence presented. If the court determines that the defendant was indeed not served with a copy of the writ and proper notice of the motion, it may order the garnishment to be discharged or quashed. This means that the garnishment process will be stopped or invalidated, and the defendant's assets will no longer be subject to collection through garnishment. Conclusion: Wisconsin defendants who have been subjected to a Writ of Garnishment must be properly served with a copy of the writ and notice of the motion. Failure to do so empowers the defendant to file a Motion to Discharge or Quash the garnishment, seeking the invalidation of the garnishment order. By understanding the process and the types of motions available, defendants can exercise their rights and challenge improper garnishment proceedings.
