Montana Affidavit in Support of Slow Pay Motion

State:
Multi-State
Control #:
US-02673BG
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

A motion is the method used to speak to the judge about a matter in your case. For example, a motion may be brought to ask the court to set aside a default or vacate a default judgment, or it may be brought to ask the court to order a judgment to be paid in installments.

The summary judgment procedure under Rule 56, Federal Rules of Civil Procedure, which is identical to Rule 56, Montana Rules of Civil Procedure, was intended to provide a method of promptly disposing of actions in which there is no genuine issue of any material fact.

Proving Your Case Whatever the reason for being at court, you must convince the judge or magistrate that he or she should rule in your favor. This is done by providing sufficient documentary evidence and witness testimony. There are different standards of proof for various types of cases.

During a civil case, most of your interactions with the judge will be the result of you or the other side filing a written motion. A ?motion? is a written request to the judge that asks for a ruling on some issue in the case.

Civil Complaints vs. Small Claims Civil CourtSmall Claims CourtMoney/Value limit ? $15,000.00 plus incurred feesMoney/Value limit ? $7,000.00 plus incurred feesService of SummonsService of OrderMay file eviction/Action for Possession casesCANNOT file real estate eviction cases (Action for Possession)17 more rows

A written motion in a civil action is made up of a set of documents, including: Notice of Motion; ? Motion; ? Brief in Support of Motion; ? Affidavit in Support of Motion; and ? Other Supporting Documents. Other documents may be required, depending on the court rule and/or law that apply to the type of motion you make.

One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.

1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.

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Montana Affidavit in Support of Slow Pay Motion