North Dakota 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

Any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action against any person, any public corporation, the United States, the state of North Dakota, or any institution, department, or agency of the state, indebted to or having any property in possession or under ...

The statute of limitations for most types of debts in North Dakota is six years, ing to N.D. CENT. CODE §§ 28-01-16; 41-03-18. After this period, creditors cannot file a lawsuit to collect the debt.

If summary judgment is not rendered on the whole action, the court shall, to the extent practicable, determine what material facts are not genuinely at issue. The court shall so determine by examining the pleadings and evidence before it and by interrogating the attorneys.

Maximum Threshold North Dakota is more protective of low-income debtors than federal law. The state only allows the lesser of the following to be garnished: 25% of disposable income (same as federal law,)

If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the adverse party may assert at the trial any defense in law or fact to that claim for relief.

Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is self-represented.

North Dakota wage garnishment laws Amount limitations: In North Dakota, the maximum amount that can be garnished from your earnings is less than 25% of disposable earnings or disposable income exceeding 40 times the federal minimum wage per week ($290).

Act quickly to prevent wage garnishment You can file a Claim of Exemption any time after wage garnishment has started, but you'll only get wages back from the time after you submit the claim. If you act quickly, you can stop it before it even starts. By law, your employer cannot fire you for a single wage garnishment.

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North Dakota Slow Pay Motion