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.
In Clark County, Nevada, the Motion to Discharge or Quash Writ of Garnishment is a legal course of action that individuals can take when they believe that a writ of garnishment issued against them is improper or unjust. This motion aims to request the court to release the garnished funds or terminate the garnishment order altogether.In Clark County, Nevada, the Motion to Discharge or Quash Writ of Garnishment is a legal course of action that individuals can take when they believe that a writ of garnishment issued against them is improper or unjust. This motion aims to request the court to release the garnished funds or terminate the garnishment order altogether.