In West Virginia, an Affidavit in Support of Motion to Discharge Writ of Garnishment is a legal document used by individuals or businesses to request the termination of a writ of garnishment that has been issued against them. This affidavit serves as a supportive explanation of why the garnishment should be discharged, outlining the grounds for dismissal of the writ. Keywords: West Virginia, Affidavit, Support, Motion, Discharge, Writ of Garnishment, legal document, individuals, businesses, termination, explain, grounds, dismissal. Types of West Virginia Affidavits in Support of Motion to Discharge Writ of Garnishment: 1. Personal Affidavit in Support of Motion to Discharge Writ of Garnishment: This type of affidavit is filed by individuals who find themselves in a situation where their wages, bank accounts, or personal property are being garnished by a creditor. The affidavit will demonstrate legitimate reasons why the garnishment should be terminated. 2. Business Affidavit in Support of Motion to Discharge Writ of Garnishment: This type of affidavit is utilized by businesses facing garnishment, possibly on their bank accounts or assets. It will provide specific supporting evidence and reasons explaining why the garnishment should be dismissed, preserving the financial well-being of the business. Remember, it is crucial to consult with an attorney or legal expert for guidance specific to your situations and to ensure the correct filing of the West Virginia Affidavit in Support of Motion to Discharge Writ of Garnishment.
West Virginia Affidavit in Support of Motion to Discharge Writ of Garnishment
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How to fill out West Virginia Affidavit In Support Of Motion To Discharge Writ Of Garnishment?
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Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.
- Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
Under federal law, all civil actions have a filing fee of $400.00. You can pay the filing fee by credit card or money order.
In the West Virginia Code, wage garnishment is limited to the lesser of: 20% of your disposable earnings for a week, or. The amount your weekly wages exceed 50 times the federal minimum wage. This is currently $7.25, so 50 times that is $362.50.
If the plaintiff is seeking only a money judgment, he or she should prepare and file a warrant in debt (Form DC-402 Warrant in Debt - Small Claims Division) (Instructions for Completing Form DC-402). In preparing a warrant in debt, the claim must specify a dollar amount and the reason for the claim.
Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.