Colorado Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion

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Multi-State
Control #:
US-02252BG
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Word; 
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Description

Quash means to nullify, void or declare invalid. The procedure is used in both criminal and civil cases when there is an irregularity or defect in procedures.


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.

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FAQ

In some instances, filing for bankruptcy may be the solution to assist you with your wage garnishment. You may also be able to protect yourself by filing an exemption claim with the court or by raising an objection to the wage garnishment.

Your Property and Wages Might Be Seized Over Debt It sounds invasive, but it's legal. A judgment could also give a creditor a lien to your property. That means they own it.

Service of the writ of garnishment in aid of attachment shall give the court jurisdiction over the garnishee and personal property of any description (except earnings of a natural person), owned by, or owed to, a defendant in attachment in the possession or control of the garnishee.

The responding party shall have 21 days after the date of service of a motion, or such lesser or greater time as the court may allow, in which to file a response. The moving party may file a reply no later than 14 days after the date of service of the response, or such lesser or greater time as the court may allow.

Rule 21 - Misjoinder and Nonjoinder of Parties. Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just.

The court issues a writ of garnishment that states how much the debtor owes the creditor, and it and demands that the debtor's bank or employer pay the creditor.

The act changes the amount subject to garnishment to 20% of the individual's disposable weekly earnings 40 times the amount by which an individual's disposable earnings for a week exceed the state or federal minimum wage.

In some instances, filing for bankruptcy may be the solution to assist you with your wage garnishment. You may also be able to protect yourself by filing an exemption claim with the court or by raising an objection to the wage garnishment.

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Colorado Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion