Mississippi 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

Limitations on garnishment You may be relieved to know that Mississippi law limits the amount that may be taken from your paycheck. Under the law, your creditors may only take the lesser of: 25 percent of your disposable earnings or 30 times the federal minimum wage.

A resident in Mississippi has the legal right to stop a wage garnishment by filing personal bankruptcy. Personal bankruptcy has two options. Chapter 7 is for anyone in Mississippi with very little income, but a lot of unsecured debts.

For example, North Carolina, Pennsylvania, South Carolina and Texas don't allow wage garnishment for debts owed to creditors although federal law allows it.

Sometimes creditors allow you to do this by working out a payment plan with them. However, if you cannot keep up with the payments or work out a deal, the best way to prevent garnishment is typically bankruptcy. Bankruptcy's automatic stay immediately halts all garnishments the day that you file.

In Mississippi wages that are earned within the first 30 days after the writ of garnishment is served on the employer are protected and must be paid over to the employee. Once the thirty days are up, wage garnishments are then limited only by the Federal Wage Garnishment Law.

Limitations on garnishment Under the law, your creditors may only take the lesser of: 25 percent of your disposable earnings or 30 times the federal minimum wage. Your disposable earnings are the portions of your paycheck left over after taxes and other deductions have been taken out.

The IRS and the Mississippi Department of Revenue can garnish your wages if you owe back taxes, without a court judgment. The amount they can garnish depends on how many dependents you have and your tax deduction rate. The IRS and the Mississippi Department of Revenue do not have to wait 30 days to garnish your wages.

(1) Where more than one garnishment has been issued against an employee of a garnishee, such garnishee shall comply with the garnishment with which he was first served.

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