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.
New Mexico Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is a legal document used in the state of New Mexico when a defendant believes that the writ of garnishment served against them is invalid or improper due to the failure to serve them a copy of the writ and notice of motion. Keywords: New Mexico, motion, defendant, discharge, quash, writ of garnishment, failure to serve, copy, notice of motion. Types of New Mexico Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion: 1. Motion to Discharge Writ of Garnishment: This type of motion is filed by the defendant when they believe that the writ of garnishment served against them should be discharged because they were not served a copy of the writ and notice of motion. 2. Motion to Quash Writ of Garnishment: This type of motion is filed by the defendant to request the court to quash or invalidate the writ of garnishment served against them due to the failure to serve them a copy of the writ and notice of motion. 3. Motion for Failure to Serve Copy of Writ on Defendant: This type of motion is filed by the defendant to address the failure of the plaintiff or their representative to serve them a copy of the writ of garnishment, which is required by law. 4. Motion for Failure to Serve Notice of Motion: This type of motion is filed by the defendant when they were not properly notified or served with a notice of motion related to the writ of garnishment. When filing any of these motions, it is essential to follow the relevant procedures and rules set forth by the New Mexico courts to ensure a successful outcome. It is recommended to consult with an attorney or legal professional for guidance in preparing and filing these motions in a specific case.New Mexico Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion is a legal document used in the state of New Mexico when a defendant believes that the writ of garnishment served against them is invalid or improper due to the failure to serve them a copy of the writ and notice of motion. Keywords: New Mexico, motion, defendant, discharge, quash, writ of garnishment, failure to serve, copy, notice of motion. Types of New Mexico Motion of Defendant to Discharge or Quash Writ of Garnishment for Failure to Serve Copy of Writ on Defendant and Notice of Motion: 1. Motion to Discharge Writ of Garnishment: This type of motion is filed by the defendant when they believe that the writ of garnishment served against them should be discharged because they were not served a copy of the writ and notice of motion. 2. Motion to Quash Writ of Garnishment: This type of motion is filed by the defendant to request the court to quash or invalidate the writ of garnishment served against them due to the failure to serve them a copy of the writ and notice of motion. 3. Motion for Failure to Serve Copy of Writ on Defendant: This type of motion is filed by the defendant to address the failure of the plaintiff or their representative to serve them a copy of the writ of garnishment, which is required by law. 4. Motion for Failure to Serve Notice of Motion: This type of motion is filed by the defendant when they were not properly notified or served with a notice of motion related to the writ of garnishment. When filing any of these motions, it is essential to follow the relevant procedures and rules set forth by the New Mexico courts to ensure a successful outcome. It is recommended to consult with an attorney or legal professional for guidance in preparing and filing these motions in a specific case.
