Arkansas Slow Pay Motion

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

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

5 Ways to Stop a Garnishment Pay Off the Debt. If your financial situation is dire, paying off the debt may not be an option. ... Work With Your Creditor. ... Challenge the Garnishment. ... File a Claim of Exemption. ... File for Bankruptcy.

Arkansas has strict laws that allow creditors to garnish up to 25 percent of a person's paycheck as well as their bank accounts. Once a judgment has been entered, the garnishment process usually begins.

If the consumer creditor ? also called the judgment creditor ? successfully gets a court judgment against you, it may then request a writ of garnishment from the court. Your employer ? also known as the garnishee ? will then be served with the garnishment order.

For example, North Carolina, Pennsylvania, South Carolina and Texas don't allow wage garnishment for debts owed to creditors although federal law allows it.

Amounts. Under the Consumer Credit Protection Act, the maximum amount allowed to be garnished from disposable earning income may NOT exceed 25%. Therefore, in order for wages to be garnished, you must make 30% of minimum wage for a 40-hour week.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Arkansas, a judgment lien can be attached to real estate only (such as a house, condo, or land).

So, federal law governs in Arkansas (with one exception, see below): If your disposable earnings are 30 times minimum wage or less, your wages can't be garnished.

Filing bankruptcy will stop the garnishment process immediately. Once you file, most employers will stop the garnishment the same day they get a case number. The creditor also has to stop the same day you file. If any money does get garnished after the date you file, it has to promptly be returned to you.

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Arkansas Slow Pay Motion