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.
A West Virginia 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 legal document filed by the defendant in a civil case to request the court to dismiss or invalidate a writ of garnishment that was improperly served. This motion becomes necessary when the defendant believes that the plaintiff did not follow the proper legal procedures outlined in West Virginia law when serving the writ of garnishment. The defendant contends that the plaintiff failed to serve a copy of the writ on the defendant and provide notice of the motion as required by the relevant statutes. The purpose of the motion is to protect the defendant's rights and ensure that they have been properly notified of the garnishment proceedings. By filing this motion, the defendant is seeking to have the writ of garnishment discharged or quashed due to the failure to provide proper notice. There are different potential variations or types of a West Virginia Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion, depending on the specific circumstances: 1. Motion based on failure to serve copy of writ: In this type of motion, the defendant argues that the plaintiff neglected to provide a copy of the writ of garnishment following its issuance. The defendant usually supports this claim by evidencing the lack of receipt or any attempt to deliver the writ. 2. Motion based on failure to provide notice of motion: In this type of motion, the defendant asserts that the plaintiff omitted to provide a notice of motion, which is required to inform the defendant about the impending garnishment. The defendant may provide evidence to show that no notice was received or attempt was made to notify them of the motion. 3. Motion based on failure to comply with statutory requirements: This type of motion challenges the overall procedural compliance of the plaintiff with the garnishment statute in West Virginia. The defendant may argue that the plaintiff failed to meet specific statutory requirements beyond the mere failure to serve a copy of the writ or provide notice of the motion. 4. Motion based on violation of due process rights: Here, the defendant contends that the failure to serve a copy of the writ and notice of the motion infringes upon their due process rights guaranteed by the U.S. Constitution. The defendant may argue that without proper notice, they were unable to prepare a defense or have an opportunity to contest the garnishment. When filing a West Virginia Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion, it is essential to consult specific West Virginia laws and court rules to ensure that the motion is drafted correctly and addresses the particular requirements of the jurisdiction.
