Oklahoma 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

Aggregate disposable earnings means the net earnings after making mandatory deductions required by law, including state, federal, local taxes, Social Security taxes and Medicare taxes; Sample 1Sample 2Sample 3.

Under federal law and Oklahoma state law, whichever is lesser of the following can be garnished: 25% of your weekly disposable earnings, OR. The amount your weekly earnings exceeds 30 times the federal minimum wage of $7.25.

For example, if you make $500 per week in disposable income, only $125 of that amount can be subject to garnishment. This is because 25% of $500 is equal to $125, which is less than the amount your wages surpass 30 times the federal minimum wage ($217.50).

However, the IRS is unfortunately not bound by this law. This means that they can choose how much to garnish from your wages each month, depending on how much you owe and how much you earn. The limit is typically between 25-50% of your disposable earnings after deductions are made.

A creditor MUST have a judgment against you before it can get a garnishment. There are two basic limits on the amount creditors can take from your wages. First, they cannot take more than 25% of your take-home pay. Second, a creditor must leave you with at least $217.50 a week or $870 a month in net (take-home) pay.

Up to 50% of your disposable earnings may be garnished to pay child support if you're currently supporting a spouse or a child who isn't the subject of the order.

Yes. Under Oklahoma law, you may get a court order requiring someone who holds property or money due the non-paying parent to turn that asset over to you. Usually, we speak of garnishing wages. You may garnish up to 65% of a wage earner's net salary.

Wage garnishments can be stopped through two options: 1) Pay the debt in full with interest and attorney fees. 2) File bankruptcy. You may file for Chapter 7 or Chapter 13 bankruptcy.

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