Oklahoma 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

Is there anything I can do to stop the garnishment? Exempt funds or income. In Oklahoma, there are some types of money that are protected from garnishment by a creditor such as social security. ... Bankruptcy. ... One at a time (except if one of the garnishments is child support). ... Undue Hardship.

Oklahoma allows two types of garnishment: continuing or wage garnishment, and non-continuing, which is bank account levy. For wage garnishment, Oklahoma follows federal rules, and exempts 75% of the judgment-debtor's disposable earnings (OK Stat. Title 12-1173.4(I)(1)).

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.

If it appears to the court that there is no substantial controversy as to the material facts and that one of the parties is entitled to judgment as a matter of law, the court shall render judgment for said party.

Time is VERY IMPORTANT when you ask for a hardship exemption. YOU MUST ASK FOR THE EXEMPTION WITHIN 5 (FIVE) DAYS FROM THE DATE THAT YOU RECEIVE YOUR GARNISHMENT NOTICE!! This is done by filing the Claim for Exemption and Request for Hearing form with the Court Clerk.

In Oklahoma, wage garnishment laws protect the same amount of wages as the federal wage garnishment laws. But Oklahoma state law also provides a hardship exemption in addition to the percentage or dollar amount protections.

At a minimum, your written objection to the garnishment should include the following information: the case number and case caption (ex: "XYZ Bank vs. John Doe") the date of your objection. your name and current contact information. the reasons (or "grounds") for your objection, and. your signature.

If you receive a notice of a wage garnishment order, you might be able to protect or exempt some or all of your wages by filing an exemption claim with the court. You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

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Oklahoma Affidavit in Support of Slow Pay Motion