Santa Clara California Affidavit in Support of Motion to Discharge Writ of Garnishment is a legally binding document that serves to protect an individual's rights when facing a garnishment order in Santa Clara County, California. This affidavit is designed to demonstrate the valid reasons why the writ of garnishment should be discharged or lifted, and provide the necessary evidence and arguments to support this motion. Keywords: Santa Clara California, Affidavit, Motion to Discharge, Writ of Garnishment, legal document, protection of rights, garnishment order, Santa Clara County, affidavit in support, valid reasons, discharged, lifted, evidence, arguments, motion. There are a few different types of Santa Clara California Affidavit in Support of Motion to Discharge Writ of Garnishment that can arise depending on the specific circumstances: 1. Financial Hardship Affidavit: This type of affidavit is filed when the individual can demonstrate that the garnishment of their wages or assets would cause severe financial hardship. The affidavit will include detailed information about the person's income, expenses, debts, and necessary living expenses, in order to prove that the garnishment is unfair and would create undue hardship. 2. Incorrect or Invalid Servicing Affidavit: If there are issues with the garnishment order itself, such as improper servicing or failure to follow the correct legal procedures, an individual may file an affidavit to highlight these errors. The affidavit will outline the improper or invalid aspects of the garnishment order and request the court to discharge the writ based on these grounds. 3. Improper Calculation of Debt Owed Affidavit: In situations where the garnishment order is based on an incorrect calculation of the debt owed, an affidavit can be filed to challenge this calculation. The individual will need to provide evidence or documentation proving that the amount being garnished is inaccurate or inflated, thereby justifying the discharge of the writ. It is important to consult with an attorney or legal professional to ensure that the Santa Clara California Affidavit in Support of Motion to Discharge Writ of Garnishment is properly prepared and submitted in accordance with the relevant laws and procedures in Santa Clara County.
Santa Clara California Affidavit in Support of Motion to Discharge Writ of Garnishment
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FAQ
A writ of garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party. The garnishee is the person or corporation in possession of the property of the defendant or judgment debtor.
If a judgment creditor is garnishing your wages, federal law provides that it can take no more than: 25% of your disposable income, or. the amount that your income exceeds 30 times the federal minimum wage, whichever is less.
The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.
A writ of execution is a court order granted to you that typically orders a sheriff or other similar official to take possession of property owned by the judgment debtor.
A garnishment merely freezes the debtor's property in the hands of the garnishee, but an execution requires the person holding the debtor's property to release it to the creditor.
When you win a lawsuit, you can collect the total amount of the judgment entered by the court, plus any costs incurred after judgment and accrued interest on the total amount. To have costs and interest added to the amount owed, you must file and serve a Memorandum of Costs After Judgment (MC-012).
The MC 012 is used to keep a running total of all costs, credits/payments, and interest accrued after. the final Entry of Judgment. Number 1. a) I claim the following costs after Judgment incurred within the last two years. 1) Complete if you filed an Abstract of Judgment (Form EJ-001).
(a) Unless sooner released or discharged, any attachment shall cease to be of any force or effect, and the property levied upon shall be released from the operation of the attachment, at the expiration of three years from the date of issuance of the writ of attachment under which the levy was made.
A creditor can stop a writ of garnishment by essentially asking the court to dismiss it.
Following is the formula for figuring out the amount of interest earned per day on a judgment. Formula: Total amount of judgment owed x 10% (or 0.10) = interest earned per year. Example: Judgment debtor owes the judgment creditor $5,000 (the judgment principal).