Motion to Quash Execution or Garnishment

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A judgment debtor may assert exemption rights after the service of an execution or garnishment by filing a motion to quash the garnishment or execution. The motion to quash must be filed within the following time periods:

  1. Twenty (20) days from the mailing of the notice required by § 26-2-404 in the event of a levy of execution;
  2. Twenty (20) days from the withholding of wages by a garnishee/employer pursuant to a wage garnishment; and
  3. With respect to any other garnishment, twenty (20) days from the mailing of the notice required by § 26-2-404 pursuant to that garnishment.


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