Filing a Motion to Quash a Writ of Garnishment in Alexandria, Virginia.

Asked over 2 years ago - Alexandria, VA

When would be the best time to file a Motion to Quash a Writ of Garnishment? Should I wait to make a request on the day of the court appearance or should I file it now? The reason I ask is because the credit union that sued me did two things. One, the ruling last year they were able to obtain by the judge who I am suing in another jurisdiction was fraud because the same suit was dismissed with prejudice in another state, and the credit union boldly added another debt to the Writ of Garnishment that is not mine and which they did not bring suit against me originally. I do not want the attorney (who is employed by the credit union) who represents the credit union to claim it he made a mistake because this is also a violation of the Fair Debt Protection Act. I want to get the whole thing dismissed so I can then file a Motion to Vacate Judgment of the first Order. Attorneys conducting business are not expected to make these kinds of mistakes so I do not want him to use this as a defense to amend the Writ of Garnishment.

Attorney answers (1)

  1. Jason Meyer Krumbein

    Contributor Level 13

    Answered . The motion to quash the garnishment is not going to be successful. You will need to vacate the judgment. That may be very difficult, and you will need to comply with some very tricky laws and rules.

    The violations of FDCPA that you claim will need to be taken care of in the state court proceeding, otherwise, the other court (Federal or state) will be constrained to say that the court ruled it, so they get it.

    This has many DEEP pitfalls. You should consult a lawyer who is competent in this area of law.

    Mr. Krumbein is admitted to the courts of Virginia. His advice is often based on Virginia and Federal law,... more

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