Arizona 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

Garnishment of Earnings Proposition 209 decreases the portion of a debtor's weekly disposable earnings that is subject to debt collection actions (other than support payments) to the lesser of 10% of disposable earnings, or 60 times the highest applicable federal, state or local minimum wage.

Up to 50% of a worker's disposable earnings if the worker is supporting another spouse or child, or up to 60% if the worker is not. The IRS factors in the employees standard deductions and number of dependents. The maximum amount is 50%. Wage garnishment rates vary from state to state.

If after December 5, 2022, then the new law which only allows for 10% garnishment is in place. The employer should look at the garnishment package to see when the judgment was effective as that will dictate whether 25% or 10% of the employee's non-exempt disposable earnings can be garnished.

If your wages are being garnished, and you have no way to stop the garnishment, then, at a minimum, you can request that the amount garnished be reduced. You do this by submitting a request for hearing to the court, on a form that you should have received with the garnishment paperwork.

Complaints, summons, and judgments should alert you that legal action has been taken against you. File a motion to set aside judgment: Challenging the judgment is a valid way to stop the garnishment if you did not know there was a judgment against you.

Limits on Wage Garnishment in Arizona. Under Arizona law, on a weekly basis, the garnishment can't exceed the lesser of: 10% of your disposable earnings for that week or. the amount by which your disposable earnings for that week surpass 60 times the applicable minimum hourly wage.

Limits on Wage Garnishment in Arizona On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage.

If after December 5, 2022, then the new law which only allows for 10% garnishment is in place. The employer should look at the garnishment package to see when the judgment was effective as that will dictate whether 25% or 10% of the employee's non-exempt disposable earnings can be garnished.

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Arizona Slow Pay Motion