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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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US-02252BG
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Description How Stop Writ Garnishment

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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Discharge Garnishment Form popularity

Garnishment Notice Form Other Form Names

Defendant Quash Writ Garnishment Template   Writ Garnishment Form   Discharge Garnishment Serve   Garnishment Notice Form Document   State Garnishment Garnishee   Quash Writ Form   Motion Discharge Quash  

Quash Motion Bring FAQ

It releases your garnishment! When a creditor sues you, they eventually get a judgment in court. With this judgment, they can send a letter to your employer so that they can garnish your wages.A release of garnishment would stop any future garnishments.

The Order dissolves the existing writ of garnishment. It means that whatever was being garnished, wages or bank accounts, are no longer subject to the writ of garnishment.

The writ gives the Sheriff the authority to seize property of the judgment debtor and is valid for 180 days after its issuance. You must give the Sheriff signed, written instructions to levy on (seize) and sell, if necessary, specific property belonging to the debtor to satisfy your judgment.

A writ of garnishment is an order granted to a third party (garnishee), to hold or attach the property of a defendant or judgment creditor.A motion to quash the writ of garnishment asks the judge to nullify its order, to a garnishee, of seizure or attachment of property of a defendant or judgment creditor.

A motion to quash is a request to a court or other tribunal to render a previous decision or proceeding null or invalid.In some cases, motions to quash are requests to nullify a decision made by the same or a lower court. It can arise out of mistakes made by any lawyer or court officer.

In most states, employers answer a writ of garnishment by filling out the paperwork attached to the judgment and returning it to the creditor or the creditor's attorney.

Respond to the Creditor's Demand Letter. Seek State-Specific Remedies. Get Debt Counseling. Object to the Garnishment. Attend the Objection Hearing (and Negotiate if Necessary) Challenge the Underlying Judgment. Continue Negotiating.

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