South Carolina 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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Multi-State
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US-02252BG
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Word; 
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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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FAQ

Can I go to jail for not paying a judgment? No, you cannot go to jail for not paying a judgment. A judgment means the company can try to collect from you, it does not mean you have to pay them if you are unable to. (See South Carolina Legal Services' brochure: ?Being Judgment Proof?.

LEGAL ANALYSIS (B) A civil action is commenced when the summons and complaint are filed with the clerk of court if actual service is accomplished within one hundred twenty days after filing.

If you don't pay the judgment or agree to a payment plan, the creditor must go through a separate judgment collection procedure. 6. During the judgment collection process, you may find that most if not all of your property and income cannot be taken for payment on the judgment.

Plaintiffs in South Carolina, however, often submit a written response before or at the hearing on the motion. A responsive pleading, if necessary, must be served within 15 days after notice of the court's action on a motion to strike (S.C. R. Civ.

In South Carolina, you can protect up to $50,000 of your home equity from creditors. This means that if you owe money to a creditor, they cannot force the sale of your home to satisfy the debt, as long as the equity in your home is $50,000 or less.

Keep in mind: In South Carolina, a creditor's ability to collect under a judgment lien will be affected by a number of factors -- including a fixed amount of value that won't be touchable if the property is the debtor's primary residence (called a homestead exemption), other liens that may be in place, and any ...

Some states offer more protection for debtors. In South Carolina, your employer can't fire you for an attempted garnishment that results from "consumer debt." (S.C. Code Ann.

Debt Collection Laws in South Carolina Residents of South Carolina fall under the Federal Debt Collections Protection Act, which prohibits collection agencies from harassing borrowers or using unfair or misleading tactics to collect debts.

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