Arkansas Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
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

5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. ... Work With Your Creditor. ... Challenge the Garnishment. ... File a Claim of Exemption. ... File for Bankruptcy.

GARNISHMENT IN ARKANSAS A writ of garnishment is a legal document that allows the creditor, under Arkansas law, to forcibly take from your employer up to twenty-five percent (25%) of your wages.

So, federal law governs in Arkansas (with one exception, see below): If your disposable earnings are 30 times minimum wage or less, your wages can't be garnished.

But federal law doesn't protect you from termination if you have more than one garnishment judgment against you in a 12 month period. Arkansas state law protects employees from termination if they have more than one Arkansas garnishment and one of those garnishments is a child support obligation.

The only effective way to legally stop this collection process is by exercising your right under federal law to file either Chapter 7 or Chapter 13 bankruptcy.

Amounts. Under the Consumer Credit Protection Act, the maximum amount allowed to be garnished from disposable earning income may NOT exceed 25%. Therefore, in order for wages to be garnished, you must make 30% of minimum wage for a 40-hour week.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arkansas, a judgment lien can be attached to real estate only (such as a house, condo, or land).

Filing bankruptcy will stop the garnishment process immediately. Once you file, most employers will stop the garnishment the same day they get a case number. The creditor also has to stop the same day you file. If any money does get garnished after the date you file, it has to promptly be returned to you.

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Arkansas Motion to Discharge or Quash Writ of Garnishment