Kentucky Affidavit in Support of Motion to Discharge Writ of Garnishment

• Category: Collections - Garnishment
• State: Multi-State
• Control #: US-02254BG
• Format: Word; Rich Text

Description

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. A Kentucky Affidavit in Support of Motion to Discharge Writ of Garnishment is a legal document that individuals or businesses use to request the discharge of a garnishment order issued by the court. This affidavit is submitted to contest the validity or improper execution of the writ of garnishment. In Kentucky, there are two types of Affidavits in Support of Motion to Discharge Writ of Garnishment. 1. Affidavit to Discharge Writ of Garnishment Due to Inaccuracy: This affidavit is used when the garnishment order contains inaccurate information, such as incorrect debtor identification, wrong amount owed, or other factual errors. By filing this affidavit, the garnishee (individual or business holding the debtor's property) seeks to have the writ of garnishment discharged based on the inaccuracies. 2. Affidavit to Discharge Writ of Garnishment Based on Exemption: This affidavit is used when the garnishee believes that the property being garnished is exempt from garnishment under Kentucky law. Exemptions could apply to certain types of income, assets, or benefits such as social security, retirement plans, public assistance, or other legally protected funds. By filing this affidavit, the garnishee seeks to have the writ of garnishment discharged based on the exempt status of the property. It is important to note that these affidavits must be carefully prepared, providing accurate and detailed information supporting the motion for discharge. They need to be filed within the specified timeframe as governed by Kentucky statutes and court rules. Obtaining legal counsel or seeking professional advice is highly recommended when dealing with garnishment issues. Legal professionals can guide individuals or businesses through the process and ensure compliance with relevant laws and regulations.

A Kentucky Affidavit in Support of Motion to Discharge Writ of Garnishment is a legal document that individuals or businesses use to request the discharge of a garnishment order issued by the court. This affidavit is submitted to contest the validity or improper execution of the writ of garnishment. In Kentucky, there are two types of Affidavits in Support of Motion to Discharge Writ of Garnishment. 1. Affidavit to Discharge Writ of Garnishment Due to Inaccuracy: This affidavit is used when the garnishment order contains inaccurate information, such as incorrect debtor identification, wrong amount owed, or other factual errors. By filing this affidavit, the garnishee (individual or business holding the debtor's property) seeks to have the writ of garnishment discharged based on the inaccuracies. 2. Affidavit to Discharge Writ of Garnishment Based on Exemption: This affidavit is used when the garnishee believes that the property being garnished is exempt from garnishment under Kentucky law. Exemptions could apply to certain types of income, assets, or benefits such as social security, retirement plans, public assistance, or other legally protected funds. By filing this affidavit, the garnishee seeks to have the writ of garnishment discharged based on the exempt status of the property. It is important to note that these affidavits must be carefully prepared, providing accurate and detailed information supporting the motion for discharge. They need to be filed within the specified timeframe as governed by Kentucky statutes and court rules. Obtaining legal counsel or seeking professional advice is highly recommended when dealing with garnishment issues. Legal professionals can guide individuals or businesses through the process and ensure compliance with relevant laws and regulations.