A traverse is a legal motion that a defendant can file to dispute the facts or claims made by a plaintiff in a garnishment case. This document allows the defendant to challenge various aspects, such as the amounts listed in the affidavit of garnishment or the validity of the underlying judgment. Essentially, a traverse seeks to contest the assertions made in the garnishment action.
Traverses are primarily used in civil law, particularly in cases involving garnishment of wages or bank accounts. They serve as a means for defendants to protect their rights and interests when they believe the garnishment is unjust. Users can manage this process themselves with the right tools, such as legal templates available from US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
(Hypothetical example) If a defendant receives a garnishment notice claiming they owe $5,000 based on a judgment, they might file a traverse arguing that the judgment was entered incorrectly or that they do not owe the claimed amount. By doing so, they can contest the garnishment and potentially protect their wages.
O.C.G.A. § 18-4-65 outlines the rights of defendants to challenge a plaintiff's affidavit in garnishment proceedings. This statute allows defendants to raise issues regarding the existence of the judgment and the amounts claimed.
| State | Key Differences |
|---|---|
| Georgia | Allows filing a traverse to contest the affidavit and garnishment action. |
| California | Has specific forms and timelines for contesting garnishments. |
| Texas | Provides different procedures for challenging garnishment based on the type of debt. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Motion to Vacate | A request to annul a court's judgment, often filed before a traverse. |
| Affidavit of Garnishment | A sworn statement detailing the amounts owed and basis for garnishment. |
| Garnishment | A legal process to withhold funds from a debtor's wages or accounts. |
If you receive a garnishment notice and believe it is incorrect, consider filing a traverse to contest it. Gather all relevant documents and evidence to support your claims. You can use US Legal Forms' templates to help you prepare your traverse. If your situation is complex, seeking professional legal assistance may be beneficial.
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A traverse is a legal document used to challenge the claims made in a garnishment action.