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What to put in documents for a "Motion to Stop Wage Garnishment" - 1. "Points and Authorities" & 2. "Declaration"?

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I'm filing a motion to stop wage garnishment pending the outcome of my motion to set aside the default judgement. (Wage garnishment is due to an old credit card. But I was never served the summons, or anything.) 

What should I put in the "Points and Authorities" document? 
What should I put in the "Declaration" document? 

I've been doing research to put together other documents, but I'm stuck on these two. 
(This is in California.) 

Thanks.

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Please don't spread your questions about the same subject over several threads.

 

Anyway, if your motion to set aside the default judgment (which you inquired about in a different thread) is successful you will have the opportunity to file your defensive documents at that point.  If it is not successful, you will have wasted time.

 

If your motion is granted you will have to generally dey you owe the debt, or some part of the debt.  You will also have to plead the expiration of the statute of limitations, if that is the case.

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2 hours ago, bhpz said:

What should I put in the "Points and Authorities" document?

 

Ummm...points and authorities.  "Points" refers to facts and argument, and "authorities" refers to statutes and case law.

 

 

2 hours ago, bhpz said:

What should I put in the "Declaration" document?

 

Factual information that is within your person knowledge.

 

 

2 hours ago, bhpz said:

I've been doing research to put together other documents

 

In your other thread on this same subject, I referred you to The Rutter Group's Civil Procedure Before Trial practice guide.  The Rutter Group also publishes an Enforcing Judgments and Debts practice guide that you should review in connection with the wage garnishment motion.

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Ummm...points and authorities.  "Points" refers to facts and argument, and "authorities" refers to statutes and case law.

 

Yes. I know. But what points and authorities?

 

Like "Section 4.353 of ..." or "Blue vs Green".

 

Any concrete help would be good.

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This site is intended for discussion of legal issues on a more or less general basis.  The participants are lawyers, retired lawyers, and non-lawyesr scattered all over the US.  As such we are not in a position, nor are we allowed, to lead someone through  the prosecution of their case.  In doing so we run the risk of forming an attorney-client relationship, and the responsibilities and risks that come with it.

 

If you want assistance in filing the papers in your case you should consult local counsel. 

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In general, the points and authorities are your legal argument applied to the facts and your declaration is your factual argument.  Any more is beyond the scope of this site.

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3 hours ago, bhpz said:
4 hours ago, pg1067 said:

Ummm...points and authorities.  "Points" refers to facts and argument, and "authorities" refers to statutes and case law.

 

Yes. I know. But what points and authorities?

 

I don't know.  I don't know the relevant facts, and I'm certainly not going to do legal research or write your brief for you.

 

 

3 hours ago, bhpz said:

Like "Section 4.353 of ..." or "Blue vs Green".

 

Huh?

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