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Utah
Slow Pay Motion

Utah 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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FAQ

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.

If you want to ask the court to set aside or "undo" a judgment, you can file a Motion to Set Aside Judgment. Filing a Motion to Set Aside takes time to be processed by the court. If you want to ask the court to stop the garnishment right away you can also file a Motion to Delay Enforcement.

Filing for bankruptcy can be an effective way to stop or prevent a wage garnishment. When your attorney files a Utah bankruptcy case, an automatic stay kicks in. The automatic stay acts like a court order that puts an immediate halt to garnishments and most other creditor collection actions.

Income from a job, such as wages or a salary, is usually not exempt from garnishment. Even if property is exempt, it could still be taken unless you protect your rights. You can protect your rights by filing a Reply and Request for Hearing with the court.

A party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security, unless a stay is otherwise prohibited by law or these rules.

Under the Rule 56 of the Utah Rules of Civil Procedure, a motion for summary judgment is appropriate when there are no genuine issues of material fact.

Under Utah law, a creditor can take up to 25% of your take-home pay or all of the money in your checking and/or savings account at the time the judgment is decided. It is a horrible thing to get your paycheck and receive less money than you earned because a creditor has taken some of your money without your permission.

Dear Sir/Madam, I am writing to request that you stop the wage garnishment that is currently being imposed on me. I am unable to make the payments at this time due to [insert reason, such as financial hardship]. I have attached documentation that supports my claim.

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