Pima Arizona Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
County:
Pima
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

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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FAQ

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.

If the garnishee owes a debt to the defendant and s/he pays the debt or an amount sufficient to cover the plaintiffs claim the garnishee shall be discharged of all liability for the amount paid. When the repayment obligation has been met, a notice of release will be filed with the court to remove the garnishment order.

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.

The Writ of Garnishment and Summons is an order from the court requiring you to immediately withhold nonexempt earnings from the judgment debtor.

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 child support.

Definition of garnishee (Entry 1 of 2) : a person who is served with a legal process of garnishment. garnishee. verb. garnisheed; garnisheeing.

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.

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.

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 judgment or judgment lien will be valid for ten years from its date of entry. A.R.S. § 12-1551. The deadline for renewing a judgment by filing a lawsuit or an affidavit will be ten years from the judgment's date of entry.

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Pima Arizona Motion to Discharge or Quash Writ of Garnishment