Tennessee Slow Pay Motion

State:
Multi-State
Control #:
US-02672BG
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

Section 26-2-216 of the Tennessee Code establishes a process known in Tennessee as "Slow Pay." That section says that if you do not have any way to pay off a judgment against you other than your wages, you may set up an affordable payment plan through the court that issued the judgment.

If you know that you owe the debt, Tennessee law allows you to protect up to $10,000 in personal property from creditors. You can file a form called "Protected Income and Assets." Once you file this form a creditor cannot take the property listed on the form.

The state mostly abides by the federal wage garnishment laws (up to 25% of your paycheck), with one addition to protect debtors: to get a garnishment in TN, creditors have to file a lawsuit. This protects debtors in a few ways: the creditors have to prove the debt in court. they have to notify the debtor.

All in all, it appears that deposited wages continue to be exempt in at least thirteen jurisdictions: California, Colorado, Connecticut, Florida, Idaho, Iowa, Minnesota, Montana, Nebraska, North Carolina, Oklahoma, Oregon, and Puerto Rico.

Most wage garnishments continue until either the debt has been paid through garnishment or you pay the debt off directly. Tennessee offers one additional option. Under Tennessee law, you can ask the court for a payment plan that will allow you to make direct payments instead of having your wages garnished.

You may apply to the court for an order suspending further garnishments by the same creditor upon your paying a certain sum of money weekly, biweekly, or monthly, to pay the judgment. If you file this motion, the garnishment of your wages will stop for as long as you make the payments ordered by the court.

Respond to a debt lawsuit in Tennessee With a default judgment, they can garnish your wages and even seize your property. Avoid losing your debt collection lawsuit by responding with a written Answer.

So, in Tennessee, a creditor can garnish the lesser of: 25% of your disposable earnings for that week, or. the amount by which your disposable earnings for the week exceed 30 times the federal minimum hourly wage.

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Tennessee Slow Pay Motion