Alabama Slow Pay Motion

State:
Multi-State
Control #:
US-02672BG
Format:
Word; 
Rich Text
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Description

A Slow-Pay Motion is a pleading that asks the Judge to let a defendant in a case make small or manageable payments on a judgment against the defendant. The payments should be fixed to leave defendant enough money to pay other necessary bills.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Filing your Objection You can use the Do-It-Yourself Objection to Garnishment tool if you have a reason to object to the garnishment. There is no cost to file an objection to a garnishment. You must file your objection with the court within 14 days of getting the notice of garnishment to stop the garnishment.

Wage Garnishments The employer is required to withhold 25% of the taxpayer's gross wages. The wage garnishment remains in effect for subsequent pay periods until the total amount of the garnishment has been withheld and remitted by the employer.

Wage garnishment laws in Alabama are basically the same as federal laws. ing to Alabama law, creditors can't take more than 25% of your weekly disposable earnings or they can't take an amount of your disposable income that exceeds 30 times the federal minimum hourly wage, whichever is less (Ala. Code § 6-10-7).

Alabama Rules of Civil Procedure VIII. ... TO CLAIM ANY EXEMPTION THAT MAY BE AVAILABLE TO YOU, YOU MUST PREPARE A "CLAIM OF EXEMPTION" FORM LISTING ON IT ALL YOUR WAGES AND PERSONAL PROPERTY; HAVE THE CLAIM OF EXEMPTION NOTARIZED; AND FILE IT IN THE CLERK=S OFFICE.

Quebec. Many provinces use net pay to determine wage garnishments. Quebec however uses gross pay. Corporate creditors cannot garnish more than 30% of gross pay in the province.

Limits on Wage Garnishment in Alabama While states are free to impose stricter limits, Alabama's law is similar to federal law. For consumer debts, creditors can't take more than 25% of your disposable earnings or any amount that exceeds 30 times the federal minimum wage, whichever is the lesser amount.

You may be able to stop it by filing a claim of exemptions. This usually works if: You have bring home less than $1,000 per paycheck. The judgment is on a debt or contract.

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Alabama Slow Pay Motion