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Florida
Slow Pay Motion

Florida Slow Pay Motion

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.

Florida Affidavit in Support of Slow Pay Motion

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Florida Motion for Default for Failure to Plead and Answer

Florida Motion to Enforce Settlement

Florida Motion to Compel and For Attorney's Fees and Expenses

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Not Crediting Payment

Equity Share Agreement

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Modified Terms Acknowledgement

Insulation Contract for Contractor

Application for Variance

Sample Letter for Speaking Engagement

Lost Deed Affidavit

How to fill out Slow Pay Motion?

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FAQ

If the judgment debtor does not pay, you are entitled to get the sheriff to seize the judgment debtor's property. The seizing of property by the sheriff is called a levy. Once the sheriff has levied on the property, the sheriff will then sell it, and pay you out of the money the sheriff receives from the sale.

Florida Wage Garnishment Limits Florida hasn't imposed stricter limits, so federal law governs in Florida. Here are the rules: A creditor can garnish 25% of your disposable income or the amount by which your disposable income exceeds 30 times federal minimum wage, whichever is less.

Assets you cannot garnish in Florida Retirement accounts such as 401(K)s. Proceeds from life insurance and annuities. Federal student loans. State disability and state welfare benefits. Social Security Insurance benefits. Veterans' federal benefits. Unemployment benefits (except where child support debt is involved)

The Writ of Garnishment delivered to you with this Notice means that wages, money, and other property belonging to you, have been garnished to pay a court judgment against you. HOWEVER, YOU MAY BE ABLE TO KEEP OR RECOVER YOUR WAGES, MONEY, OR PROPERTY.

To stop wage garnishment in Florida, a judgment debtor must (1) review the writ for procedural mistakes, (2) file a claim of exemption, (3) gather all documents in support of the claimed exemption, and (4) attend the final hearing on the exemption. The most common exemption is the head of household exemption.

Head of household is not the only exemption that can be used to stop a garnishment. For instance, exemptions to garnishments may also include social security benefits, welfare, workers' compensation, veterans' benefits, pensions, life insurance benefits, and disability income benefits.

A wage garnishment allows a judgment creditor to take up to 25% of your take-home salary or the amount by which your wages exceed 30 times the federal minimum wage. In Florida, a wage garnishment is one of the most common collection tools used for judgment collection.

Understanding Writ of Garnishment in Florida The statute provides that a creditor begins the garnishment process by filing a short motion with the court (?Motion for Writ of Garnishment?) and paying fees and deposits to the clerk of court. The clerk then issues the writ.

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