Connecticut Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
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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

Filing for bankruptcy can stop all wage garnishments by judgment collectors. A wage garnishment lawyer can discuss your options, which may include a petition for hardship or bankruptcy.

In Connecticut, the most that can be garnished from your wages is the lesser of the following two options: 25% of your weekly disposable earnings, or. the amount by which your weekly disposable earnings exceed 40 times the federal hourly minimum wage or the Connecticut minimum fair wage, whichever is greater.

The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter." Similarly, for example, the California Code of Civil Procedure provides that a motion to strike may be made to strike out any "irrelevant, ...

Severance in a legal context means: Concerning civil procedure, the separation by the court of multiple claims to try each in a separate action, as in severance of actions or severance of claims. Concerning criminal procedure, the separation of criminal charges or defendants for trial.

A motion to sever is to have the judge order a separate trial for each co-defendant.

After all the evidence is presented, the lawyers give their closing arguments. Finally, the jury decides if the defendant is guilty or not guilty. The jury must find the defendant guilty beyond a reasonable doubt.

(a) A motion to dismiss shall be used to assert: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) insuffi- ciency of process; and (4) insufficiency of service of process.

In legal terms, a motion to sever is a formal request to the court to separate a defendant's charges or cases from those of other defendants in the same crime or series of related crimes. A motion to sever means to ask the court to separate a defendant from other people in the same case.

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Connecticut Motion to Discharge or Quash Writ of Garnishment