Free Post Judgment Payment Agreement - Massachusetts

POST JUDGMENT PAYMENT AGREEMENT

Docket No. Court

Trial Court of Massachussetts District Court Department
Defendant's Name, Address, Zip Code and Phone

Plaintiff's Name, Address, Zip Code and Phone

____________________________________________ ____________________________________________ ____________________________________________

_____________________________________________ _____________________________________________ _____________________________________________

This form must be used to provide the terms of any small claim, supplementary process, or summary process payment agreement made by the parties. Under the law, the defendant cannot be ordered to pay a civil judgment with any income received from certain public assistance and benefit programs. In addition, a certain amount of a defendant's earnings is exempt from inclusion in a court payment order, see page 2. The parties should consider these exemptions when entering into a payment agreement.

TERMS OF THE PARTIES' AGREEMENT
Judgment has entered for the plaintiff in the amount of $ ___________. Defendant agrees to pay plaintiff $ ___________ on or before ____/____/_______ Defendant agrees to pay plaintiff $ ___________ each week/month. The first payment is to be made to the plaintiff on or before _____/_____/_______ Other _______________________________________________________________________________________________ It is agreed that interest received by the plaintiff. will will not continue to accrue on the unpaid balance until the total amount has been

Payments shall be mailed to ____________________________________________________________________________ Signatures: Plaintiff or Plaintiff's Attorney Defendant or Defendant's Attorney

The parties must bring this completed Agreement before a Clerk so that the Court may consider entry of the Agreement as a Court Order. Each party should keep a completed copy of this Agreement.

COURT ORDER
The agreement set forth above is hereby entered as an order of this court, and will be enforceable as such. Next court date (if applicable): The parties are hereby ordered to appear in this Court on

/

/

at __________

If the defendant does not comply with this agreement and/or fails to appear on the scheduled date he or she may be subject to contempt and a capias may issue for his or her arrest.

SIGNATURE OF JUDGE OR MAGISTRATE:

Date:

· ·

Veterans' Benefit Veterans Benefits Veterans' Benefit pursuant to G.L. c. 115, § 5 Veteran'sBenefits pursuant to G.L.USC § 5301 (a) Veterans Benefits pursuant to 38 c. 115, § 5 Special Benefits for certain WWII Veterans, 42 (a) § 1001 Veteran's Benefits pursuant to 38 USC § 5301 USC Veterans' Medal forHonor Benefits, 38 USC 421562 § 1001 Special Benefits of certain WWII Veterans, § USC

· · · · · · · · · · · · · 2. ·

Veterans' Medal of Honor Benefits, 38 USC § 1562 Unemployment Benefits, G.L. c. 151A, § 36 Workers' Compensation, G.L. c. 152 § 36 Unemployment Benefits, G.L. c. 151A, Social SecurityVeterans' 42 USC152 Benefits, G.L. c. Workers' Compensation,Benefit § 401 · Federal Old-Age, Veterans Benefits401 Insurance Benefits , § 5USC § 407 Survivors & Disablity Social Security Benefits, 42 USC § pursuant to G.L. c. 115, 42 Maternal Child Health Services Block Grant, 42 USCUSC § 5301 (a) § 407 Federal Old-Age, Veteran's Benefits pursuant to 38 § 701, 42 USC Survivors & Disablity Insurance Benefits SSI for Aged, Blind andServices BlockUSC § 1381 (a) § 701 42 USC § 1001 Maternal Child Health Disabled, 42 certain 42 USC Special Benefits for Grant, WWII Veterans, In addition, the following amountof USC § 1381 (a) 38 USC §cannot be ordered to satisfy any SSI for Aged, Blind and Disabled, 42 Honor Benefits, Veterans' Medal of earnings is exempt and 1562

judgment and payment order of the court. Theof earnings is exempt and cannot be following issatisfy any 2. In addition, the following amount exempt amount is whichever of the ordered to greater: · (A) the first $125 of weekly the court. The exempt 246, § 28) OR judgment and payment order of wages per week (G.L. c. amount is whichever of the following is greater: · Unemployment Benefits, G.L. c. 151A, § 36 (B) 25%firstweekly disposable earnings* or $154.50** (30 x28) OR minimum wage) of weekly disposable (A) the of $125 of weekly wages per week (G.L. c. 246, § federal · Workers' Compensation, G.L. c. 152 income , 25% of weekly disposable earnings* or $154.50** (30401 (B) whichever is less (15 U.S.C. 1671 - Benefits, 42 USC § x federal minimum wage) of weekly disposable · Social Security 1677). * "Disposable earnings" means that Old-Age, Survivors &of any individual remaining afterUSC deduction from those income , whichever is less (15 U.S.C. part of 1677). · Federal 1671 - the earnings Disablity Insurance Benefits , 42 the § 407 earnings of any amounts required byChild Health Services Block Grant, 42remaining after the deduction from those * "Disposable earnings" means that part of the earnings of any individual USC § 701 · Maternal law to be withheld. ** This assumes amounts required Aged, Blind $5.15 per hour. USC § 1381 (a) minimum wage be withheld. earnings of any the federal SSI for by law to is and Disabled, 42 ·

** This assumes the federal In addition, the following amount of earnings is exempt and cannot be ordered to satisfy any minimum wage is $5.15 per hour. 2. judgment and payment order of the court. The exempt amount is whichever of the following is greater: (A) the first $125 of weekly wages per week (G.L. c. 246, § 28) OR

(B) 25% of weekly disposable earnings* or $154.50** (30 x federal minimum wage) of weekly dispos income , whichever is less (15 U.S.C. 1671 - 1677).

* "Disposable earnings" means that part of the earnings of any individual remaining after the deduction fr earnings of any amounts required by law to be withheld. ** This assumes the federal minimum wage is $5.15 per hour.