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Iowa
Slow Pay Motion

Iowa 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.

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FAQ

I'm on a limited income, can I be garnished? Iowa and federal law provide exemptions that allow people to protect basic necessities (minimum income and some property) from judgment creditors. Some types of income, like that from Social Security, unemployment benefits, and veterans' benefits, are also protected.

You can challenge the wage garnishment by filing a motion to quash the execution. You could also file a claim of exemption with the court. However, you need to do so within ten days of receiving the notice from your employer. You can also request a hearing to present your case to the judge.

I'm on a limited income, can I be garnished? Iowa and federal law provide exemptions that allow people to protect basic necessities (minimum income and some property) from judgment creditors. Some types of income, like that from Social Security, unemployment benefits, and veterans' benefits, are also protected.

Between $16,000 and $23,999 per year: up to $800 may be garnished. between $24,000 and $34,999 per year: up to $1,500 may be garnished. between $35,000 and $49,999 per year: up to $2,000 may be garnished, or. $50,000 or more per year: no more than 10% of your wages may be garnished.

If a garnishment has been placed on your wages, but you believe the garnishment is incorrect or should be stopped, you may file a ?Motion to Quash Garnishment and Request for Hearing? (Iowa Court Rule form 3.20).

Garnishments expire 120 days from the date it was issued by the Clerk of Court. The Sheriff's Office will require the last known address for the defendant, since for all non-wage garnishment a notice of garnishment is required to be mailed by restricted certified mail, as well as, one copy by first class mail.

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