West Virginia Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
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Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Motion To Discharge Or Quash Writ Of Garnishment?

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FAQ

The Writ of Possession is an official court order that gives the sheriff the right to forcibly remove the tenant from the property. Without it, law enforcement cannot remove the tenant through legal means.

You can stop wage garnishment in West Virginia by renegotiating the debt or paying the debt in full. You can also file bankruptcy. Wage garnishment stops when you file bankruptcy because the court issues an automatic stay, which requires all debt collection activity to stop while the bankruptcy case is processed.

A writ of execution is a court order that puts in force a judgment of possession and directs law enforcement personnel to begin the transfer of property as the result of a legal judgment. Property may include assets, money, or real property.

Limitations on enforcement of judgments. (a) On a judgment, execution may be issued within ten years after the date thereof.

Examples of cases in which a writ of execution may be filed: If a home buyer fails to make mortgage payments, the creditor (a bank, private party, or mortgage company) may petition the court for a judgment against the home buyer after making effort to collect those payments.

WEST VIRGINIA The lien will continue for 10 years from the date of entry. W.Va. Code § 38-3-7. The judgment may be renewed for an additional 10 years.

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West Virginia Motion to Discharge or Quash Writ of Garnishment