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.
A motion to discharge or quash a writ of garnishment in Puerto Rico can be filed by a defendant who alleges that there has been a failure to serve a copy of the writ on the defendant and a notice of motion. This legal document is typically used when the defendant believes that their rights have been violated or that proper procedures have not been followed in the garnishment process. The motion seeks to stop or invalidate the garnishment order, arguing that the defendant was not properly notified and therefore did not have an opportunity to respond or defend themselves against the claims made by the plaintiff. By filing this motion, the defendant is requesting the court to release their assets or funds that have been frozen or seized as a result of the garnishment. In Puerto Rico, different types of motions to discharge or quash a writ of garnishment can be filed. These may include: 1. Motion to Discharge: This motion is typically filed when the defendant believes that the garnishment was improperly issued or that they do not owe the alleged debt. The defendant may argue that they were not given proper notice or that they have valid defenses against the claims made by the plaintiff. 2. Motion to Quash: This motion is filed when the defendant argues that the garnishment order is legally defective or invalid. The defendant may claim that the plaintiff did not provide sufficient evidence or meet the legal requirements for obtaining a garnishment order. 3. Motion for Failure to Serve: This particular motion is filed when the defendant alleges that they were not served with a copy of the writ of garnishment or notice of motion. The defendant may argue that proper service was not made in accordance with the applicable rules of procedure. 4. Motion for Notice of Motion: This motion is filed when the defendant claims that they were not provided with proper notice of the motion to issue the writ of garnishment. The defendant may argue that they were not given an opportunity to be heard or present their defense before the garnishment was ordered. In order to strengthen the motion to discharge or quash a writ of garnishment in Puerto Rico, defendants should ensure they provide relevant evidence, such as proof of non-receipt of documents or any other supporting documentation that can substantiate their claim. It is crucial for defendants to consult with an attorney experienced in Puerto Rico civil procedure to navigate the specific rules and requirements applicable to their case.
