Pennsylvania Affidavit in Support of Slow Pay Motion

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Multi-State
Control #:
US-02673BG
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Word; 
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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.

Keywords: Pennsylvania, Affidavit in Support of Slow Pay Motion, detailed description, types Detailed description: An Affidavit in Support of Slow Pay Motion is a legal document filed in Pennsylvania to request the court's intervention when a party involved in a lawsuit fails to pay a judgment or court-ordered amount within the specified time frame. This affidavit serves as evidence, providing details of the non-payment and justifying the need for the court's assistance in enforcing timely payment. The Pennsylvania Affidavit in Support of Slow Pay Motion is typically filed by the party owed the payment, often referred to as the judgment creditor. It is used when the judgment debtor fails to make the required payments, whether it is due to deliberate non-compliance or financial hardship. The affidavit must be drafted with precision, including relevant personal details of both parties, the case number, and pertinent background information related to the original judgment. It should outline the specific terms of the judgment, including the due dates and amount owed. It is crucial to mention each instance of payment non-compliance, providing accurate dates and amounts owed. To strengthen the affidavit's validity, it is important to include any communication exchanged between the parties regarding payment obligations. Copies of contracts, invoices, receipts, or any relevant documents that support the claims made in the affidavit should be attached as exhibits. Pennsylvania recognizes different types of Affidavits in Support of Slow Pay Motion, depending on the circumstances involved: 1. Affidavit in Support of Slow Pay Motion for Willful Non-Compliance: This type of affidavit is filed when there is clear evidence of deliberate refusal or intentional failure to fulfill the payment obligations within the agreed-upon timeframe. 2. Affidavit in Support of Slow Pay Motion for Financial Hardship: This type of affidavit is used when the judgment debtor claims an inability to make timely payments due to a genuine financial hardship. Supporting evidence, such as financial statements, bankruptcy filings, or other relevant documentation, must accompany this affidavit. 3. Affidavit in Support of Slow Pay Motion for Multiple Payment Delays: This type of affidavit is applicable when the judgment debtor consistently delays payment by frequently missing payment deadlines without a valid justification. It is important to consult with an attorney experienced in Pennsylvania civil litigation to ensure compliance with local laws, rules, and regulations when preparing and filing an Affidavit in Support of Slow Pay Motion. Each case may require specific additional information or follow a different procedure, so legal guidance is advisable for the best outcome.

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Original process requires the responding party to be served either by certified mail (with the signed green card attached), personal service, service to attorney of record, or both certified and regular mail. Serving the responding party by regular mail alone is not service of original process.

Service of Summons; Proof of Service. (A) The summons shall be served upon the defendant by both first class mail and certified mail, return receipt requested. A copy of the complaint shall be served with the summons.

A successful motion for alternative service requires three (3) elements: (1) an unsuccessful attempt to properly serve the defendant; (2) a good faith effort to locate the defendant; and, (3) a method of alternative service that is reasonably calculated to give actual notice to the defendant.

If the judge fails to decide the motion within 120 days, or to grant an extension as provided in paragraph (B)(3)(b), the motion shall be deemed denied by operation of law.

Rule 440 - Certificate of Service (1) Copies of all legal papers other than original process that are required to be served on each party to the action pursuant to Pa. R.C.P. 440, shall include a Certificate of Service, which sets forth the date and manner of service.

?A proof of service shall contain a statement of the date and manner of service and of the names of the persons served. Under 18 Pa. C.S. § 4904 (unsworn falsification to authorities) a knowingly false proof of service constitutes a misdemeanor of the second degree.

Code § 440. Rule 440 - Service of Legal Papers other than Original Process (a) (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action.

Rule 430 - Service by Publication (1) Every motion for a special order directing the method of service pursuant to Pa. R.C.P. 430 shall be accompanied by a cover sheet in the form set forth as Appendix 1 of these rules. (2) The Lehigh Law Journal shall be the legal periodical for the publication of all notices.

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Use the form with the boxes to guide you through filling out the blank form. Box 1. Type the name of the county in which you filed. Box 2: Type your name ... Service of Process: Acceptance of Service Affidavit of Service Certificate of Service Request for Waiver of Service Service by PublicationWhen allegations of fact are relied upon in support of a motion, all pertinent affidavits, transcripts, and other documents must be filed simultaneously with ... The motion shall be accompanied by an affidavit stating the nature and extent of the ... file your defenses or objections in writing with the court. You are ... (g) If the motion sets forth facts that do not already appear of record in the case, the motion shall be verified by the sworn affidavit of some person having ... For the form of the writ of summons, see Rule 1351. See Rule 205.5 governing the requirement for filing a cover sheet with the pleading commencing the action. (5) Once a document is considered by a judge, the original of any resulting order will be filed by the judge with the Prothonotary and copies of the order will ... Complete the Affidavit of Service by filling out the section which corresponds to the method you used to serve the opposing party/parties. 7) You will need to ... (6) Service shall be made within three (3) days after filing by delivering, mailing, or emailing a copy to all parties. Service by mail is complete three (3) ... NOTE: This statement must be accompanied by written documentation of arrears from the Pennsylvania Child Support Enforcement System website, or if no arrears ...

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Pennsylvania Affidavit in Support of Slow Pay Motion