How do I file a motion to dissolve a writ of garnishment of a bank account?
Full Question:
Answer:
The answer will depend on whether a fnal order for garnishment has been made and all the facts and documents involved. If the order isn't final and an answer has been filed stating the defendant's defenses, a motion may be made opposing the garnishment. If the order is final, it may be possible to appeal the order, based on the defenses available. Some of the common defenses, among others, include exemption of assets, defect in the judgment, failure to follow proper legal procedures, etc.
We are unable to provide legal advice, this service provides information of a general legal nature. The steps involved and procedures to be followed will depend on the circumstances in each case. Please see the case law below for examples of litigation involving dusputed garnsihments.
The following is a TX rule of court:
RULE 664a. DISSOLUTION OR MODIFICATION OF WRIT OF GARNISHMENT
A defendant whose property or account has been garnished or any intervening party who claims an interest in such property or account, may by sworn written motion, seek to vacate, dissolve or modify the writ of garnishment, and the order directing its issuance, for any grounds or cause, extrinsic or intrinsic. Such motion shall admit or deny each finding of the order directing the issuance of the writ.
