West Virginia Affidavit in Support of Motion to Discharge Writ of Garnishment

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Multi-State
Control #:
US-02254BG
Format:
Word; 
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Description

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.
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How to fill out 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.

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West Virginia Affidavit in Support of Motion to Discharge Writ of Garnishment