New York 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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How to fill out Slow Pay Motion?

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FAQ

Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt such as child support.

If you disagree with the garnishment, you can file an Order to Show Cause with the appropriate court. After receiving instructions from the Sheriff or Marshal, OPA will suspend the distribution of your deductions until further instructions are received from the City Marshal or Sheriff.

Up to 50% of a worker's disposable earnings if the worker is supporting another spouse or child, or up to 60% if the worker is not. The IRS factors in the employees standard deductions and number of dependents. The maximum amount is 50%. Wage garnishment rates vary from state to state.

This is called garnishment. But, salary can't be garnished if after taxes, it is less than 30 times minimum wage. For example, if minimum wage is $13.00 an hour, if the debtor earns $390 per week or less after taxes, all of the money is exempt from garnishment.

A Slow Pay motion stops a wage garnishment and allows you to pay off a judgment in payments smaller than 25% of your paycheck. However, the Slow Pay process only applies to wage garnishments. For example, a Slow Pay motion cannot stop a creditor from repossessing a car, furniture, or other personal property.

Here are the rules: In New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage. If your disposable income is less than 30 times the minimum wage, it can't be garnished at all.

Garnishment can adversely affect a person's job and credit rating and should be avoided by paying bills promptly or seeking an extension from a creditor. Usually creditors employ garnishment only when all other methods to collect a debt have failed.

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