West Virginia 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

The Summons: In order to let the opposing party, or defendant, know you are filing a civil action, you must serve the opposing party with a copy of your complaint. This service is accomplished by issuing a summons through the Clerk's Office. The Court has a standard summons form.

Under federal law, all civil actions have a filing fee of $400.00. You can pay the filing fee by credit card or money order.

- Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.

If the plaintiff is seeking only a money judgment, he or she should prepare and file a warrant in debt (Form DC-402 Warrant in Debt - Small Claims Division) (Instructions for Completing Form DC-402). In preparing a warrant in debt, the claim must specify a dollar amount and the reason for the claim.

Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.

Enforcing civil judgments in WV requires following the legal process for asserting a claim, obtaining a money judgment, and then taking steps to secure payment.

Rule 55 - Default (a)Entry. - When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party's default.

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West Virginia Affidavit in Support of Slow Pay Motion