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.
Pima Arizona Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
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State:
Multi-State
County:
Pima
Control #:
US-01159BG
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FAQ
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.
If your wages are being garnished, and you have no way to stop the garnishment, then, at a minimum, you can request that the amount garnished be reduced. You do this by submitting a request for hearing to the court, on a form that you should have received with the garnishment paperwork.
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.
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.
If your wages are being garnished, and you have no way to stop the garnishment, then, at a minimum, you can request that the amount garnished be reduced. You do this by submitting a request for hearing to the court, on a form that you should have received with the garnishment paperwork.
The Petition and Order Discharging Garnishee (FORMS 12 & 13) can be used to release the garnishee who turns over property in response to the Writ of Garnishment or in other appropriate circumstances. Once it is filed, mail a copy to the garnishee, the judgment debtor and any other creditor who has asked to be notified.
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.
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.
