Ohio 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

Exemptions from garnishment, including, but not limited to, worker's compensation, unemployment compensation, disability payments, OWF payments, or child support or spousal support, and most pensions. Employer cannot fire you for having a wage garnishment for child or spousal support.

Wages and other property, including bank accounts, may be garnished. However, the 25% limit on garnishment of personal earnings continues even when the money is deposited into a personal checking account.

Creditors can take money from any account that has your name on it. Creditors cannot take money from your joint accounts if the money belongs to another owner of the account (like your spouse or business partner). Exempt income. Certain types of income are exempt, meaning that the creditor isn't allowed to take it.

Paying Without Formal Garnishment With your demand letter or notice, you will get a form titled ?Payment to Avoid Garnishment.? Complete the form and return it to the creditor within 15 days and you can make periodic payments without having to go through the formal garnishment process.

The total amount garnished cannot be more than 25% of the employee's monthly disposable earnings. Exemptions from garnishment, including, but not limited to, worker's compensation, unemployment compensation, disability payments, OWF payments, or child support or spousal support, and most pensions.

And some states also allow judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables. In Ohio, a judgment lien can be attached to real estate only (such as a house, land, or similar property interest).

Child support and alimony: Up to 60 percent of your weekly disposable income. If you're supporting a spouse or child, then 50 percent could be garnished. The collections agency could take an additional five percent of your weekly disposable income if you're over 12 weeks late on your payments.

Limits on Wage Garnishments in Ohio On a weekly basis, the garnishment can't exceed the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for that week surpasses 30 times the federal minimum hourly wage.

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Ohio Slow Pay Motion