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.
A Washington Motion to Discharge or Quash Writ of Garnishment is a legal recourse available to individuals or businesses seeking to challenge the validity or enforceability of a garnishment order in the state of Washington. The motion can be filed with the court to request the discharge or cancellation of the writ, thereby protecting the debtor's assets from being seized or withheld by creditors. One type of Washington Motion to Discharge or Quash Writ of Garnishment is based on procedural grounds. This type of motion is typically filed when the creditor fails to follow the proper legal procedures or when the garnishment order contains errors or inaccuracies. This motion argues that the garnishment should be dismissed due to these procedural deficiencies. Another type is based on substantive grounds. In this case, the debtor argues that the garnishment order is unjust or unfair based on specific legal grounds. This could include demonstrating that the debtor's income or property is exempt from garnishment under Washington state law, or proving that the creditor has already collected payment in full or is attempting to collect an excessive amount. Keywords: Washington, Motion to Discharge, Motion to Quash, Writ of Garnishment, legal recourse, validity, enforceability, garnishment order, creditor, debtor, assets, seized, withheld, procedural grounds, errors, inaccuracies, dismissed, substantive grounds, unjust, unfair, income, property, exempt, state law, excessive amount.
