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.
Colorado Motion to Discharge or Quash Writ of Garnishment is a legal remedy available to debtors who believe that a garnishment order has been incorrectly issued or imposed upon them. This motion aims to have the writ of garnishment discharged or quashed, thereby releasing the debtor from the obligation to adhere to the garnishment order. In Colorado, there are certain types of motions to discharge or quash a writ of garnishment that can be filed depending on the circumstances. These include: 1. Motion to Discharge or Quash based on Exempt Income: Debtors can file this motion when they believe that the income being subjected to garnishment falls under the category of exempt income, such as Social Security benefits, certain retirement benefits, child support, or public assistance payments. 2. Motion to Discharge or Quash based on Improper Service: This motion can be filed when the debtor believes that the garnishment order was not properly served, meaning that the necessary legal requirements for proper notification were not met. 3. Motion to Discharge or Quash based on Incorrect Calculation: Debtors can use this motion to argue that the amount being garnished is calculated incorrectly, either due to a mistake in the calculation or because the creditor is attempting to garnish more than the legally permissible amount. 4. Motion to Discharge or Quash based on Payment Satisfaction: If the debtor can demonstrate that they have already satisfied the underlying debt, they can file this motion to have the writ of garnishment discharged or quashed. 5. Motion to Discharge or Quash based on the Statute of Limitations: When the debt being garnished is time-barred under the applicable statute of limitations, debtors can file this motion to seek the discharge or quashing of the garnishment order. It is important for debtors to consult with an attorney or legal professional experienced in Colorado garnishment laws to assess their specific situation and determine the most appropriate type of motion to file. Properly filing a motion to discharge or quash a writ of garnishment can help protect the rights and interests of the debtor, ensuring that they are not subject to undue financial hardships.
