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Motion of Defendant to Discharge or Quash Writ of Garnishment for...

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

Category:

Collections - Garnishment - Motions

State:

Multi-State

Control #:

US-02252BG

Format:

Instant download

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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How to fill out 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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FAQ

The Summons and Complaint were not served properly If a defendant thinks the other side did not have the Complaint and Summons properly served, they can file a motion to ask the judge to cancel (to quash) the service. This is called a motion to quash service of summons.

To expedite its business, the court may provide by order for the submission and determination of motions without oral hearing upon brief written statements of reasons in support and opposition. The court may require the filing of briefs, in such form and within such time as it may direct.

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial.

The opposition to a motion shall be served within (A) 10 days after service of a motion other than a motion for summary judgment, (B) 21 days after service of a motion for summary judgment or (C) such additional time as is allowed by statute or order of the court.

An opposition must contain, as part of the same document, a memorandum of reasons, including citation of supporting authorities, why the motion should not be granted.

Rule 12 - Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on Pleadings (a) When Presented. (1) After service upon him of any pleading requiring a responsive pleading, a party shall serve such responsive pleading within 20 days unless otherwise directed by order of the court.

In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.

2. Opposition: An opposition is due within fourteen (14) days of service of the motion, except as to motions for summary judgment, where oppositions may be filed within twenty-one (21) days.

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

Description

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How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment For Failure To Serve Copy Of Writ On Defendant And Notice Of Motion?

Form popularity

FAQ

What type of motion would you file if the plaintiff failed to properly serve the defendant?

What is a rule 78 motion in Massachusetts?

What is a rule 56 motion in Massachusetts?

How long do you have to respond to a motion in Massachusetts?

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What is the rule 12 motion in Massachusetts?

What is the rule 4.2 in Massachusetts?

How long do you have to file an opposition to a motion in Massachusetts?

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

Description

Related forms

Viewed forms

How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment For Failure To Serve Copy Of Writ On Defendant And Notice Of Motion?

Form popularity

FAQ

What type of motion would you file if the plaintiff failed to properly serve the defendant?

What is a rule 78 motion in Massachusetts?

What is a rule 56 motion in Massachusetts?

How long do you have to respond to a motion in Massachusetts?

How do you opposition a motion to dismiss in Massachusetts?

What is the rule 12 motion in Massachusetts?

What is the rule 4.2 in Massachusetts?

How long do you have to file an opposition to a motion in Massachusetts?

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

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