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.
Middlesex Massachusetts Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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State:
Multi-State
County:
Middlesex
Control #:
US-01159BG
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Word;
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Vacating a judgment can be straightforward, but it depends on your specific situation. In Middlesex, Massachusetts, you typically need to present a compelling reason along with your Middlesex Massachusetts Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion. It's essential to act quickly, as there are time limits to file such motions. US Legal Forms provides resources and templates, making the process easier and more accessible for you.
To reverse a default judgment in Middlesex, Massachusetts, you must file a motion, specifically a Middlesex Massachusetts Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion. It usually requires showing a valid reason why you missed the initial court appearance. This process may involve demonstrating that you have a meritorious defense to the underlying claim. Using a platform like US Legal Forms can guide you through the necessary forms and procedures effectively.
A garnishment merely freezes the debtor's property in the hands of the garnishee, but an execution requires the person holding the debtor's property to release it to the creditor.
Respond to the Creditor's Demand Letter.Seek State-Specific Remedies.Get Debt Counseling.Object to the Garnishment.Attend the Objection Hearing (and Negotiate if Necessary)Challenge the Underlying Judgment.Continue Negotiating.
Purpose of Writ of Garnishment A motion to quash asks a court to invalidate a previous ruling. For writs of garnishment, a motion to quash would state that the order to issue a garnishment was improper.
Once the judgment-creditor files a valid application for writ of garnishment, the court will issue a writ directed to the bank. The court typically provides the writ to the judgment-creditor for service. The judgment creditor must properly serve the writ. Only a constable or sheriff may serve a writ of garnishment.
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
An Order Discharging Garnishee is just what it says--an order to your employer to stop withholding from your checks. There could be several reasons this occurs: if the debt was fully satisfied, if the Creditor failed to submit the...
6 Options If Your Wages Are Being Garnished Try To Work Something Out With The Creditor.File a Claim of Exemption.Challenge the Garnishment.Consolidate or Refinance Your Debt.Work with a Credit Counselor to Get on a Payment Plan.File Bankruptcy.
A motion to quash asks a court to invalidate a previous ruling. For writs of garnishment, a motion to quash would state that the order to issue a garnishment was improper.
