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.
In Texas, a Motion of Defendant to Discharge or Quash Writ of Garnishment is a legal remedy filed by a defendant to challenge the garnishment order issued against them. This motion seeks to either discharge or quash the writ of garnishment, essentially stopping or canceling the collection efforts made by the plaintiff. There are different types of motions related to the discharge or quashing of a writ of garnishment in Texas. Let's explore them in detail: 1. Motion of Defendant to Discharge or Quash Writ of Garnishment: This is the primary motion filed by the defendant to challenge the validity of the garnishment order. With this motion, the defendant aims to demonstrate that the garnishment is improper due to various reasons such as incorrect legal procedure, lack of proper notice, or other legal deficiencies. 2. Motion to Discharge or Quash Writ of Garnishment for Exempt Property: If the defendant believes that the property being subjected to garnishment is exempt under Texas law, they can file a specific motion to discharge or quash the writ of garnishment for exempt property. This motion asserts that the property being sought by the plaintiff is protected from collection efforts based on specific exemptions provided by state laws. 3. Motion to Set Aside Default Judgment and Discharge or Quash Writ of Garnishment: In cases where the defendant was unable to respond to the original lawsuit resulting in a default judgment being entered against them, they can file a combined motion to set aside the default judgment and discharge or quash the writ of garnishment. This motion requests the court to set aside the default judgment and dismiss the garnishment order due to the defendant's inability to present their defense. In addition to the motions mentioned above, it is essential to file a Notice of Motion along with the corresponding motion. The Notice of Motion is a formal notification given to the court and the opposing party to inform them about the upcoming hearing in which the motion will be heard. When drafting a Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion in Texas, it is important to include relevant keywords such as "defendant," "discharge," "quash," "writ of garnishment," "Texas law," "improper procedure," "lack of notice," "exempt property," "default judgment," and "notice of motion." These keywords aid in identifying and providing precise information related to the specific legal remedies available in the state of Texas concerning the discharge or quashing of a garnishment order.
