Massachusetts 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

Hourly workers must be paid every week or every other week (bi-weekly). The deadline to pay depends on how many days an employee worked during one calendar week. Workers who quit their jobs must be paid in full on the next regular payday or by the first Saturday after they quit (if there is no regular payday).

Wage attachment in Massachusetts is one mechanism by which a creditor can enforce its judgment. In Massachusetts, unlike other jurisdictions, it is an absolute prerequisite that a creditor by a judgment creditor and not merely a non-judgment creditor before that creditor can attach a debtor's wages.

The state has more freedom to provide more protection to debtors in wage garnishment cases than the federal government. The federal government can't offer lower limits than the federal law stipulates. In Massachusetts, the state allows judgment creditors to garnish only up to 15% of your wages.

In Massachusetts, the most a creditor can garnish from your wages is the lesser of: 15% of your gross wages (that is, before taxes or other mandatory deductions are taken out) or. your disposable income less 50 times the greater of the federal or the Massachusetts hourly minimum wage per week.

In almost all cases, a creditor seeking to garnish your wages must have a valid judgment against you from a Massachusetts court. To get a judgment against you, a creditor, debt buyer, or debt collector must file a lawsuit against you in court and serve you with notice.

The court or government agency will submit a "writ of garnishment" to the debtor's employer informing them of the wage garnishment. Wage garnishment rules require an employer to withhold a certain percentage from a debtor's paycheck until that person is no longer in default on their debt.

If a debt collector already has a judgment against you, then they might attempt to garnish your wages. This is one of the most common methods of attempting to collect judgments in Massachusetts, which is also called ?trustee process.? A wage garnishment can be stopped by the filing of a bankruptcy case.

A wage attachment, also called a wage garnishment, is the process of deducting money from an employee's pay as the result of a court order or action by an authorized agency. Common examples of debt that result in attachments include: Child support. Unpaid taxes.

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