Maryland 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

Federal law limits the amount of earnings that may be garnished to 25 percent of the debtor's disposable income. (Disposable earnings are the amount of earnings left after legally required deductions e.g., federal, state taxes, Social Security, unemployment insurance and medical insurance.)

Wages cannot be garnished if the judgment debtor's disposable wages are less than 30 times the State minimum hourly wage multiplied by the number of weeks during which the wages due were earned. In any event, no more than 25% of your disposable wages for a week can be garnished.

3-646(i) - Withholding and Remitting of Wages While the garnishment is in effect, the garnishee shall withhold all garnishable wages payable to the debtor. If the garnishee has asserted a defense or is notified that the debtor has done so, the garnishee shall remit the withheld wages to the court.

You may request an exemption to the garnishment. You must make your request within 30 days of when the garnishment was served on the bank. Use the form Motion for Release of Property from Levy/Garnishment (DC-CV-036).

Have you been threatened with one or the other? If so, you know how frustrating it can be. Wage garnishments are a frequent tool both the IRS and the State of Maryland use to collect back taxes or tax liabilities. But these levies and liens can cause real pain for those who are subject to them.

Federal Wage Garnishment Limits for Judgment Creditors If a judgment creditor is garnishing your wages, federal law provides that it can take no more than: 25% of your disposable income, or. the amount that your income exceeds 30 times the federal minimum wage, whichever is less.

Rule 3-645.) You may be entitled to claim an exemption of all or part of your money or property, but in order to do so you must file a motion with the court as soon as possible. If you do not file a motion within 30 days of when the garnishee was served, your property may be turned over to the judgment creditor.

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