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.
A Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion is a legal document filed by a defendant to request the court to set aside or cancel a writ of garnishment that has been issued against them. This motion is often submitted in cases where the defendant believes that the garnishment is improper, excessive, or was issued in error. In Broward County, Florida, there are several types of motions related to the discharge or quashing of a writ of garnishment and notice of motion. These may include: 1. Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment Based on Exemption: This type of motion is filed when the defendant believes that their income or assets are exempt from garnishment under Florida law. Common exemptions may include Social Security benefits, certain retirement funds, and income below a specific threshold. 2. Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment Based on Improper Service: If the defendant can demonstrate that they were not properly served with the writ of garnishment or that the service was defective, they may file this motion to request its discharge or quashing. 3. Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment Based on Release of Judgment: If the underlying judgment that resulted in the writ of garnishment has been released, satisfied, or vacated, the defendant can file this motion to have the garnishment discharged or quashed. 4. Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment Based on Lapse of Time: In some cases, a defendant may argue that the writ of garnishment has been active for an unreasonable amount of time or has exceeded the statute of limitations. This motion requests the court to discharge or quash the garnishment due to the passage of time. It is essential to consult with a qualified attorney to understand the specific requirements and procedures for filing a Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion. Legal professionals with expertise in Florida garnishment law can provide guidance tailored to the individual circumstances of each case.A Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion is a legal document filed by a defendant to request the court to set aside or cancel a writ of garnishment that has been issued against them. This motion is often submitted in cases where the defendant believes that the garnishment is improper, excessive, or was issued in error. In Broward County, Florida, there are several types of motions related to the discharge or quashing of a writ of garnishment and notice of motion. These may include: 1. Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment Based on Exemption: This type of motion is filed when the defendant believes that their income or assets are exempt from garnishment under Florida law. Common exemptions may include Social Security benefits, certain retirement funds, and income below a specific threshold. 2. Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment Based on Improper Service: If the defendant can demonstrate that they were not properly served with the writ of garnishment or that the service was defective, they may file this motion to request its discharge or quashing. 3. Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment Based on Release of Judgment: If the underlying judgment that resulted in the writ of garnishment has been released, satisfied, or vacated, the defendant can file this motion to have the garnishment discharged or quashed. 4. Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment Based on Lapse of Time: In some cases, a defendant may argue that the writ of garnishment has been active for an unreasonable amount of time or has exceeded the statute of limitations. This motion requests the court to discharge or quash the garnishment due to the passage of time. It is essential to consult with a qualified attorney to understand the specific requirements and procedures for filing a Broward Florida Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion. Legal professionals with expertise in Florida garnishment law can provide guidance tailored to the individual circumstances of each case.
