Information & Instructions: Motion to dissolve writ of garnishment. 1. A Motion to dissolve a Writ of Garnishment should set forth the following:
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1 Information & Instructions: Motion to dissolve writ of garnishment 1. A Motion to dissolve a Writ of Garnishment should set forth the following: 2. The date the Writ of Garnishment was served on the garnishee, 3. The parties in the matter, the defense submitted by defendant to justify the dissolution of the Writ of Garnishment, 4. A Verification to be signed by either the attorney or the defendant; it is preferable to have the client sign the Verification, and 5. An Order setting a hearing date on the Motion to Dissolve and a Certificate of Service. 6. The following form also contains an agreed Order to Dissolve the Writ of Garnishment. 7. An agreed Order in this case is based on the assumption that rather than proceeding with the hearing with the Motion to Dissolve the Writ of Garnishment or the Motion for New Trial, the parties have worked out an amicable settlement. 8. The Order presumes that the parties agreed on a dollar amount figure and the remaining monies in defendant's accounts are released to defendant. 9. The next form used in connection with the resolution of the Garnishment dispute would be a Release of Judgment. 10. The form is based on the assumption that a Judgment was obtained. It recites a fact that the Garnishment was filed, the Motion to Dissolve the Garnishment was filed, the Motion for a New Trial was filed and that the parties have fully resolved all matters in controversy, and the Release. Therefore releases the underlying Judgment and assures the defendant that no further execution or Post judgment process will occur.
2 Form: Motion to dissolve writ of garnishment MOTION TO DISSOLVE WRIT OF GARNISHMENT [name of defendant], Defendant moves the Court for an Order Dissolving Writ of Garnishment issued in this cause on [date], and as grounds for this motion shows the following: 1. Movant is [name], Defendant in Cause No. styled [Name]. 2. The Writ of Garnishment previously issued in this cause was issued without prior notice or order of the court to [name of defendant], Defendant. That Writ was based solely upon the application of Plaintiff and supporting affidavits of [name],and Plaintiff's attorney, [name]. 3. The Judgment in Cause No. rendered on [date], is not a final judgment subject to garnishment. 4. Defendant filed [his or her] Motion for New Trial on [date], to set aside that Judgment. The Motion for New Trial is supported by the affidavit of [name of Affiant], and has been filed within the time allowed by law. 5. [State the reasons why the garnishment should be dissolved]. PRAYER Movant requests that Plaintiff be notified to appear and the Court enter its Order Dissolving the above referenced Writ of Garnishment and directing the Garnishee to deliver any and all
3 property and accounts impounded by such writ to [identify person],and granting Movant such other and further relief as to the Court seems fair and just. Respectfully Submitted, [Law Firm Name] By [Attorney s Name] Attorney for Defendant [Attorney s Address] [Telephone Number] [Facsimile Number] [Bar Card Number] CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Motion to Dissolve Writ of Garnishment and Order Setting Hearing Date have been furnished to [name of attorney], attorney of record for Plaintiff, [name], Agent for Garnishee and any parties who are not represented by an attorney on. Attorney for: Attorney s name: Attorney s address [Other attorney s client s name] [Other attorney s name] [Other attorney s address] Type of Service: U.S. Mail, Certified Return Receipt Request No.. U.S. Mail, First Class. Hand delivery by [name of delivery service]:. Facsimile transmission to [fax number] before 5 p.m. [Attorney s signature]
4 Form: Verification State of Texas County of VERIFICATION Before me, the undersigned Notary Public, on this day personally appeared who being by me duly sworn on [his or her] oath deposed and said that [he or she] is the Defendant in the aboveentitled and numbered cause; that [he or she] has read the above and foregoing Motion to Dissolve Writ of Garnishment and that every statement contained herein is within [his or her] personal knowledge and true and correct. State of Texas County of [County Name] [Defendant's name] Subscribed and sworn to before me on by [Name]. Signature of officer Notary's typed or printed name My commission expires: [or Notary's Stamp]
5 Form: Order setting hearing date ORDER SETTING HEARING DATE It is ordered that the hearing on Defendant's Motion to Dissolve Writ of Garnishment in the above-entitled and numbered cause be set for [time], on, in the Courtroom of the Court of County, Texas. Signed on. JUDGE PRESIDING
6 Form: Agreed order to dissolve writ of garnishment AGREED ORDER TO DISSOLVE WRIT OF GARNISHMENT On, came on to be heard the Motion of Defendant [name], to dissolve the Writ of Garnishment issued in this cause on [date]. The Court, having considered the same, finds that Plaintiff [name] and Defendant [date] have reached the following agreement: Upon the issuance of a cashier's check from the Garnishee's account of the Defendant's account at [name] Bank in the amount of $[Amount], payable to Garnishor and [his or her] attorney, the Writ of Garnishment now in effect shall be dissolved and the remaining funds in the Defendant's Bank account of [Name] shall be released to the Defendant. ORDERED, ADJUDGED AND DECREED that Garnishee, [Name] Bank, pay to Garnishor and [his or her] attorney the sum of $[Amount] and then the bank shall release any remaining funds in Defendant's account to the Defendant. ORDERED, ADJUDGED AND DECREED that each party shall pay [his or her] costs in this case incurred, and for which the Clerk of the Court may have execution. Signed on. JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE:
7 [Law Firm s or Attorney s Name] Attorney for Plaintiff [Address] [Telephone & facsimile numbers] Texas Bar no. [Number] APPROVED AS TO FORM ONLY: [Law Firm s or Attorney s Name] Attorney for Defendant [Address] [Telephone & facsimile numbers] Texas Bar no. [Number]
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