Virginia 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

A judgment-creditor may garnish the smaller of the following amounts. The amount by which gross wages minus amounts that must be withheld by law exceed $290.00 per week. 25% of gross wages minus amounts that must be withheld by law. Child support can't be garnished.

In Virginia, a creditor can garnish the lesser of 25% of your disposable earnings, or the amount by which your disposable earnings exceed 40 times the federal minimum hourly wage.

Limits on Wage Garnishment in Virginia Again, under Virginia law, garnishment limits are the lesser of: 25% of your disposable earnings, or. the amount by which your disposable earnings exceed 40 times the federal minimum hourly wage or the Virginia minimum hourly wage, whichever is greater.

Up to 50% of a worker's disposable earnings if the worker is supporting another spouse or child, or up to 60% if the worker is not. The IRS factors in the employees standard deductions and number of dependents. The maximum amount is 50%. Wage garnishment rates vary from state to state.

There are two ways to stop garnishment in Virginia. One way is by filing for bankruptcy, which will stop all garnishments and other collection efforts. The other way is by filing for an exemption, which will exempt you from garnishment but not bankruptcy.

1) Attack the original judgment which would require you to request the case be reopened and require legitimate grows for challenging the legitimacy of the judgment being entered in the first place. And 2) qualify and file a bankruptcy which will immediately shut down the garnishment permanently.

§ 8.01-512.4. Notice of exemptions from garnishment and lien. The attached Summons in Garnishment or Notice of Lien has been issued on request of a creditor who holds a judgment against you. The Summons may cause your property or wages to be held or taken to pay the judgment.

Government benefits can't be garnished. This includes Social Security, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Black Lung benefits, unemployment compensation, workers' compensation, and Veterans' benefits.

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