District of Columbia Slow Pay Motion

Q: How do I stop wage garnishment in DC?

(a) Notwithstanding 16-572, a judgment debtor may seek to exempt additional wages from attachment under 16-572 by making a claim of undue financial hardship by filing a motion with the Superior Court of the District of Columbia (&quot;court&quot;).

Category:

Civil Procedure - Motions - Slow Pay

State:

Multi-State

Control #:

US-02672BG

Format:

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

Limits on Wage Garnishment in the District of Columbia Again, in Washington, D.C., the most that can be garnished from your wages is 25% of the amount by which your disposable wages for that week exceed 40 times the D.C. minimum hourly wage. More can be exempted upon a showing of undue hardship.

(1)(A) Where an attachment is levied upon wages due a judgment debtor from an employer-garnishee, the attachment shall become a lien and a continuing levy upon the gross wages due or to become due to the judgment debtor for the amount specified in the attachment to the extent of 25% of the amount by which the judgment ...

Once you have been notified, you must either pay a fine (which maybe up to $250) or request an administrative hearing to contest the ticket.

(a) Notwithstanding § 16-572, a judgment debtor may seek to exempt additional wages from attachment under § 16-572 by making a claim of undue financial hardship by filing a motion with the Superior Court of the District of Columbia ("court").

All in all, it appears that deposited wages continue to be exempt in at least thirteen jurisdictions: California, Colorado, Connecticut, Florida, Idaho, Iowa, Minnesota, Montana, Nebraska, North Carolina, Oklahoma, Oregon, and Puerto Rico.

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.