Missouri Affidavit in Support of Slow Pay Motion

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Multi-State
Control #:
US-02673BG
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Word; 
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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.

Missouri Affidavit in Support of Slow Pay Motion is a legal document used in the state of Missouri to request a court's intervention in situations where a party is experiencing delayed payments or slow payment from another party. This affidavit serves as evidence, demonstrating to the court the non-compliance with payment terms, resulting in financial burdens for the party seeking relief. The Slow Pay Motion is a legal recourse available to individuals or businesses who have not received payment within the agreed-upon timeframe, and it aims to expedite the resolution of payment disputes and ensure timely compensation. The affidavit provides a comprehensive account of the circumstances, including relevant details such as payment terms, due dates, and communication between parties. This legal document typically begins by clearly identifying the parties involved in the dispute, with their respective contact information. It outlines the nature of the agreement or contract that led to the payment obligation. In addition, it highlights the terms of payment, including the due dates and any penalties for late payments. The affidavit also includes a detailed timeline of events indicating the dates and amounts of payments made, along with any missed or delayed payments. It is crucial to provide accurate and well-documented information to support the slow pay motion. The affidavit may also include copies of invoices, contracts, and any relevant correspondence to strengthen the case. There might be variations in the types of Missouri Affidavits in Support of Slow Pay Motion based on the specific circumstances. For example, there could be a "Contractor's Affidavit in Support of Slow Pay Motion" when a construction contractor is facing delayed payments for completed work. Similarly, a "Supplier's Affidavit in Support of Slow Pay Motion" might be used when a supplier is not receiving timely payments for goods or materials delivered. In conclusion, the Missouri Affidavit in Support of Slow Pay Motion is a crucial legal document utilized in cases where parties face delayed or non-payment in Missouri. By providing a detailed account of the breach of payment terms and documenting the timeline of events, this affidavit aims to assist the court in resolving payment disputes promptly and ensuring financial fairness.

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FAQ

Most district courts require the filing of a motion or application, affidavit of the party, and the proposed complaint to be filed in the case. The affidavit of the party should include all assets and income available to the party and establish that the individual is unable to pay for fees in the action.

Rule 51.05 of the Missouri Rules of Civil Procedure states that every party has a right to change of judge upon application ? the ?one strike? rule. The application must be filed within 60 days of service of process or 30 days from designation of the trial judge, whichever is longer.

Summary judgments in Missouri are governed by Rule 74.04, which contains strict requirements for establishing the uncontroverted material facts which may support a summary judgment.

74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

74.06. (a) Clerical Mistakes - Procedure. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders.

If a parent believes that a child support obligation should be terminated, he or she should write a letter to the local county FSD office, which can be found at the Missouri Child Support County Offices website. The letter should include the following: Parent's name, the other parent's name, and the child/ren names.

74.05. (a) Entry of Default Judgment. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, upon proof of damages or entitlement to other relief, a judgment may be entered against the defaulting party.

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Missouri Affidavit in Support of Slow Pay Motion