Free Judgment & Post Judgment Payment Agreement - Massachusetts


File Size: 198.5 kB
Pages: 2
Date: January 12, 2007
File Format: PDF
State: Massachusetts
Category: Court Forms - State
Author: Administrative Office of the District Court Department
Word Count: 1,367 Words, 9,166 Characters
Page Size: Letter (8 1/2" x 11")
URL

http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/judgmentandpostjudgmentpaymentagreement.pdf

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JUDGMENT & POST JUDGMENT PAYMENT AGREEMENT

DOCKET NO. DIVISION

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

Plaintiff's Name, Address, Zip Code and Phone

____________________________________________ ____________________________________________ ____________________________________________

_____________________________________________ _____________________________________________ _____________________________________________

JUDGMENT
Judgment has been PREVIOUSLY entered for the plaintiff in the amount of $ _________________; or It is hereby agreed that judgment shall be entered in this action for ______________________________, plaintiff herein, against ____________________________________, defendant herein, in the sum of $ _________________ plus costs in the amount of $ __________________ and with statutory interest. Judgment shall enter for the defendent.

PAYMENT AGREEMENT
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 agree that this Payment Order will not be satisfied with any exempt income listed on page 2 of this form. Defendant agrees to pay plaintiff $ ___________ on or before ____/____/_______ .
Date

Defendant agrees to pay plaintiff $ ___________ each the plaintiff on or before _____/_____/_______ .
Date

week

month. The first payment is to be made to

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 ____________________________________________________________________________

SIGNATURE OF PARTIES

X

Plaintiff or Plaintiff's Attorney

X

Defendant

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
Judgment may be entered in this action as set forth above. The payment 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

/

Date

/

at __________
Time

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:

X

Date

ˇ ˇ

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

ˇ ˇ ˇ ˇ ˇ ˇ ˇ ˇ ˇ ˇ ˇ ˇ ˇ 2. ˇ

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

Veteran

Vete

Vete

Spec

Vete

ˇ ˇ 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: ˇ Unemployment Benefits, G.L. c. 151A, § 36 ˇ Unemp (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: ˇ Workers' Compensation, G.L. c. 152 ˇ Worker (B) 25%firstweekly disposable earningsweek (G.L. c. 246, § federal minimum wage) of weekly disposable (A) the of $125 of weekly wages per or $154.50 (30 x 28) OR ˇ ˇ Social Security Benefits, 42 USC § 401 Social S (B) income weekly disposable (15 U.S.C. 1671 - 1677).(30 x federal minimum wage) of weekly disposable 25% of , whichever is less earnings or $154.50 ˇ Federal Old-Age, Survivors & Disablity Insurance Benefits , 42 USC § 407 ˇ Federal _________________________________ income , whichever is less (15 U.S.C. 1671 - 1677). Veterans' Benefit ˇ Veterans' Benefit ˇ ˇ Maternal Child HealthˇServices Block Grant, 42 USC § 701 Matern _________________________________ Veterans Benefits pursuant § 5 § ˇ SSI for Aged, Blind at G.L. c. 117Veterans Benefits pursuant with comparable provisions5 for 42 repealed and Emergency Aid for the Elderly and Disabled and Disabled,wasUSC § 1381 (a)replacedto G.L. c. 115,to G.L.ˇc. 115, SSIat A G.L. c. 117A. However, G.L. c. 224 §16 refers only to G.L. c. 117 and has never been amended to refer to c. 117A. Veteran's Benefits pursuant to 38 2. 2. In addition, the following amount of earnings is exempt and cannot be ordered satisfy (a) The court may consider making income derived from117Veteran'salso exempt from its payment order.(a) to § 5301 any c. 117A Benefits replaced with USC § 5301 USC In at Emergency Aid for the Elderly and Disabled at G.L. c. G.L.was repealed and pursuant to 38comparable provisionsaddit G.L. c. 117A. However, G.L. c. 224 §16 refers only to G.L. c. 117 and has never been amended to refer to c. 117A. Special Benefits for of the order. judgment and payment order of the court. Special Benefits for is whichever Veterans, 42 from§and paym judgment 1001 "Disposable earnings" means that part ofderived from G.L. c. exempt amountcertain WWIIcertain following isthose US any individual remaining after the deduction USC greater: The court may consider making income the earnings ofThe 117A also exempt from its payment WWII Veterans, 42 earnings of any amounts required by law to be withheld. ˇ Veterans' Benefit Veterans' OR (A) means $125 of weekly earnings of Veterans' Medal of 28) Medal of HonorUSC § from USC § $12 (A) "Disposable earnings"the first that part of the wages per weekindividual remaining after the deduction1562the first 156 any (G.L. c. 246, § Honor Benefits, 38 Benefits, 38 those Veterans Benefits pursuant to G.L. c. 115, § 5 earnings of any amounts required by law to be withheld. This assumes the federal minimum wage is $5.15 per hour. ˇ $154.50 (30 x federal minimum wage) of weekly disposa (B) 25% of weekly disposableˇearnings or (B) 25% of wee ˇ Veterans' Benefit Veteran's Benefits pursuant to 38 USC § 5301 (a) Unemployment Unemployment c. 151A, G.L. 36 income , whichever $5.15 per hour. ˇ This assumes the federal minimum wage is less ˇ(15 U.S.C. 1671 - 1677). Benefits, G.L.Benefits, § 36 c. 151A, §income , wh Veterans Benefits pursuantWWII Veterans, 42 USC § 1001 to G.L. c. 115, § 5 Special Benefits for certain ˇ ˇ Workers' Compensation, _________________________________ Workers' Compensation, G.L. c. 152 G.L. c. 152 _________________ Veteran's Benefits pursuant to 38 USC USC § 1562 § 5301 (a) Veterans' Medal ˇ Veterans' Benefit of Honor Benefits, 38 ˇ Socialˇ Security Benefits, 42 USC § 401 USC § 401 Social Security Benefits, 42 Special Benefits for certain WWII Veterans, 42 USC § 1001 ˇ Veterans Benefitsfor the Elderly and Disabled at G.L. c. 117 was repealed and replaced with comparable p §5 Emergency Aid pursuant to G.L.ˇc. 115, Federal Old-Age, Survivors & Disablity Insurance Benefits ,Aid US Emergency 42 fo ˇ Federal Old-Age, Survivors & Disablity Insurance Be G.L. c. 117A. However, G.L. c. 224 38 USC § 1562 to G.L. c. 117 and has never been amended to refer to §16 refers only G.L. c. 117A. How Veterans' Medal ofpursuant to 38 USC § Benefits, ˇ Unemployment Benefits, G.L. c. 151A, § 36 5301 (a) from G.L. c. 117A also exempt from its payment order. Veteran's Benefits Honor making income derived The court may consider ˇ ˇ Maternal Child Health Child Health Services 42The Grant,may con Maternal Services Block Grant, Block court 42 USC USC § 701 ˇ ˇ Workers' Compensation, G.L. c. 152 Veterans, theUSC § 1001 any individual remaining after the deduction f Special Benefits for certain WWII part of 42 earnings of "Disposable earnings" means that "Disposable earnin