Saturday, January 14, 2012
How do I defend a Motion to Quash. The defendants filed this motion. What would you file to respond to this?
I won a small claims lawsuit and the defendants failed to pay so I filed a Motion to Garnish. This is in response to my motion.How do I defend a Motion to Quash. The defendants filed this motion. What would you file to respond to this?No one can help you without knowing all the facts and reviewing all the pleadings including your motion and the defendant's motion to quash. They may have filed their motion on procedural grounds so you need to be sure you followed all the rules when you brought your motion. Did you file before their appeal period lapsed for instance? If you have followed the procedure properly, then they may have filed on substantive grounds. If you move to garnish wages, are they working? Is their income sufficient to satisfy the judgment without forcing them onto public assistance? Are they disabled or indigent? It would be a good idea to run this by a lawyer so you don't mess up.flyff
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