Iowa 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

Hear this out loud PauseIf a garnishment has been placed on your wages, but you believe the garnishment is incorrect or should be stopped, you may file a ?Motion to Quash Garnishment and Request for Hearing? (Iowa Court Rule form 3.20).

If a garnishment has been placed on your wages, but you believe the garnishment is incorrect or should be stopped, you may file a ?Motion to Quash Garnishment and Request for Hearing? (Iowa Court Rule form 3.20).

You can challenge the wage garnishment by filing a motion to quash the execution. You could also file a claim of exemption with the court. However, you need to do so within ten days of receiving the notice from your employer. You can also request a hearing to present your case to the judge.

Hear this out loud PauseGarnishments expire 120 days from the date it was issued by the Clerk of Court. The Sheriff's Office will require the last known address for the defendant, since for all non-wage garnishment a notice of garnishment is required to be mailed by restricted certified mail, as well as, one copy by first class mail.

Hear this out loud PauseIowa and federal law provide exemptions that allow people to protect basic necessities (minimum income and some property) from judgment creditors. Some types of income, like that from Social Security, unemployment benefits, and veterans' benefits, are also protected.

Hear this out loud PauseGeneral Wage Garnishment Law in Iowa Like federal law, Iowa law says that, for any given workweek, creditors are allowed to garnish the lesser of: 25% of your disposable earnings, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage. (Iowa Code § 642.21).

Between $16,000 and $23,999 per year: up to $800 may be garnished. between $24,000 and $34,999 per year: up to $1,500 may be garnished. between $35,000 and $49,999 per year: up to $2,000 may be garnished, or. $50,000 or more per year: no more than 10% of your wages may be garnished.

Federal exemptions The bank must review your account and protect two months' worth of direct-deposited benefits before freezing or garnishing any money in the account. You may also claim this federal exemption for up to two months' worth of federal benefits if you deposit them by check.

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Iowa Motion to Discharge or Quash Writ of Garnishment