South Dakota Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It 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

After a creditor has been granted a judgment by a South Dakota court, the garnishment process begins. It doesn't have to start right away. Under state law, a creditor can garnish your wages up to 20 years after getting a state court judgment.

If you receive a notice of a wage garnishment order, you might be able to protect or "exempt" some or all of your wages by filing an exemption claim with the court or raising an objection.

Generally, South Dakota's garnishment law is more restrictive to creditors garnishing wages than the Federal law. South Dakota makes available a maximum of not more than 20 percent of the debtor's disposable income, while Federal law permits garnishment of non-exempt wages at 25 percent.

§ 15-35-810. A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7.

Limits on Wage Garnishment in South Dakota In South Dakota, the most that can be garnished from your wages are the lesser of: 20% of your disposable earnings for that week, less $25 per week for each dependent family member who resides with you, or.

The Supreme and circuit courts and the judges thereof shall have power to issue writs of habeas corpus for the purpose of bringing any person imprisoned in any prison before any court or magistrate, to testify in any criminal action or proceeding in any county of the state, and returning such person to such prison.

Debt collectors have a certain number of years they can sue you and win to collect a debt. It's called the statute of limitations and it usually begins when you fail to make a payment on a debt. In South Dakota, the statute of limitations is six years.

§ 15-35-810. A judgment becomes a lien on real property for a period of 10 years. S.D. Codified Laws § 15-16-7.

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South Dakota Motion to Discharge or Quash Writ of Garnishment