Montana Slow Pay Motion

State:
Multi-State
Control #:
US-02672BG
Format:
Word; 
Rich Text
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

The policy of Colorado law is to subject all the property of a judgment debtor not specifically exempt to the payment of his debts. All goods, lands, and real estate of every person against whom any judgment is obtained in any court for any debt or damages are liable to be sold.

How long does a judgment lien last in Montana? A judgment lien in Montana will remain attached to the debtor's property (even if the property changes hands) for ten years.

Summary: Montana has laws in place to limit how much of your wages can be garnished. For garnishments by debtors, no more than 25% of your disposable income can be garnished. For child support, that amount increases to 25% of your total income.

You can also pay the amount you owe off through a lump-sum payment. If you can't afford that, you can try to negotiate with the creditor and work out a payment plan. Another way to stop wage garnishment in Montana is by filing bankruptcy.

Montana follows federal wage garnishment laws. The maximum garnishment amount that judgment creditors can take from a single paycheck is the lesser of the following: 25% of your disposable earnings for that workweek, or. The amount that your disposable earnings exceed 30 times the federal minimum hourly wage.

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

If the court rules in their favor, the creditor can file a judgment lien against you, which means that the court has permitted them to forcefully collect that debt from you. This allows them to take possession of your real estate holdings, personal property, or business.

The judgment may be executed against a savings or checking account, personal property (not a necessity of life), wages, vehicles, or any other assets of the judgment debtor. Praecipe - The winning party may ask the sheriff or a process server to serve papers on the other party.

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Montana Slow Pay Motion