Georgia Affidavit in Support of Slow Pay Motion

State:
Multi-State
Control #:
US-02673BG
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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How to fill out Affidavit In Support Of Slow Pay Motion?

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FAQ

Respondent to a motion to dismiss is entitled to notice of conversion of the motion into one for summary judgment and to 30 days to respond to the motion for summary judgment unless such notice and opportunity are waived. Bonner v. Fox, 204 Ga.

Under the mailbox rule, an offer is considered accepted the moment the offeree mails their letter, rather than when the offeror receives the letter in the mail. The mailbox rule also applies to other means of communication, such as a fax, telegram, or email, provided that it is irrevocable once sent.

(b) In all counties with more than 100,000 inhabitants, it shall be the duty of the judge of the superior, state, or city court, unless providentially hindered or unless counsel for the plaintiff and the defendant agree in writing to extend the time, to decide promptly, within 90 days after the same have been argued ...

Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper, other than process, upon him or her, and the notice or paper is served upon the party by mail or e-mail, three days shall be added to the prescribed period.

(1) If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner.

In federal court, Federal Rule of Civil Procedure Rule 5(b) allows service by mail by ?mailing it to the person's last known address?in which event service is complete upon mailing.? States may also have analogous statutes allowing service by mail.

Under a Georgia law passed in 2009, discovery will be stayed for 90 days after the filing of such motion or until the court makes a ruling on the motion, whichever comes first. The court is required to decide the motion to dismiss within 90 days.

When service is to be made within this state, the person making such service shall make the service within five days from the time of receiving the summons and complaint; but failure to make service within the five-day period will not invalidate a later service.

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Georgia Affidavit in Support of Slow Pay Motion