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.
California Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion A Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal document filed in the state of California when a defendant seeks to challenge or eliminate an existing writ of garnishment placed on their assets or wages. This motion is commonly filed in cases where the defendant believes that the garnishment is improper or unjust. The Notice of Motion is a separate document that accompanies the Motion of Defendant to Discharge or Quash Writ of Garnishment. It serves as a formal notification to all relevant parties involved in the case, including the garnishing party, the court, and any other interested parties, informing them of the defendant's intent to file the motion. Keywords: Motion of Defendant, Discharge, Quash, Writ of Garnishment, Notice of Motion, California, legal document, assets, wages, challenge, garnishment, improper, unjust, notified, interested parties. Different types of California Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion: 1. Motion to Discharge Writ of Garnishment: This type of motion is filed when the defendant believes that the writ of garnishment was issued in error, and therefore seeks to have it completely eliminated. 2. Motion to Quash Writ of Garnishment: In cases where the defendant believes that the writ of garnishment is improper or unjust, they can file a motion asking the court to cancel or invalidate the writ. 3. Notice of Motion to Discharge or Quash: This notice is filed alongside the corresponding motion, informing all parties of the defendant's intention to challenge or eliminate the writ of garnishment. 4. Notice of Opposition to Motion: This notice is filed by the garnishing party or any other interested party who opposes the defendant's motion to discharge or quash the writ of garnishment. It outlines their arguments against the motion and presents supporting evidence to justify the continuation of the garnishment. 5. Notice of Hearing: Once the Motion of Defendant to Discharge or Quash Writ of Garnishment is filed, a notice of hearing is issued by the court. This notice informs all parties involved of the date, time, and location of the hearing, where arguments and evidence will be presented to support or oppose the motion. Please note that the specific requirements, procedures, and terminology may vary depending on the county and court where the motion is filed. It is advisable to consult an attorney or legal professional familiar with California law to ensure compliance with all applicable rules and regulations.
