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Common Questions about Installment Payment Plans

These are common questions about installment payment plans. 

Can I get an installment payment plan?

You might be able to get a court-ordered installment payment plan if you have regular income to pay the judgment. Regular income is steady and predictable. It doesn’t have to be exactly the same each week or month, but it should be mostly consistent.

You must also show the court you don’t have other ways to pay the judgment. For example, if you have savings that could pay the judgment, you probably won’t get an installment plan.

How can I get an installment payment plan?

You can ask the court for an installment plan when the court issues the judgment. You can also file a Motion for Installment Payments after the judgment is issued.

Use our Do-It-Yourself Motion for Installment Payment Plan tool to prepare your motion. To learn more about how to get an installment payment plan, read the article Getting an Installment Payment Plan. 

How much does it cost to file my Motion for Installment Payments?

There is a $20 fee to file your Motion for Installment Payments.

If you can't afford the fee, you can file a form called a Fee Waiver Request. If you qualify, the fee is waived. You can use our Do-It-Yourself Fee Waiver tool to complete the form.

What if I miss a payment on my plan?

If you miss a payment, your creditor can ask the court to set aside the plan. If your payment plan is set aside, your creditor can garnish your wages again.

What if I make a deal with my creditor outside of court?

If you and your creditor make a deal, you should get it in writing. It should be signed by your creditor. An out-of-court plan may not stop your creditor from garnishing your wages. You may want to ask your creditor not to garnish you as part of the agreement.

What if my creditor tries to set aside my plan?

If you get notice that your creditor filed a motion to set aside your installment plan, you can ask the court for a hearing. At the hearing, you can tell the judge why you should get to keep the plan. If you don’t ask for a hearing within 14 days of getting the notice, the court will grant the motion. Then your payment plan will be set aside, and your creditor will be able to garnish your wages.

What if I can't get an installment payment plan?

If you can't get a court ordered payment plan, you can try some other options, such as:

  • Pay the debt in full before your creditor garnishes you;
  • Accept that your wages may be garnished until your debt is fully paid;
  • Set up a payment plan with your creditor;
  • Tell your creditor if you are “uncollectible.” To learn more, read Are You Uncollectible?;
  • File for bankruptcy. This is a serious step. If you are thinking about bankruptcy, you may want to contact a lawyer to discuss your options. Use the Guide to Legal Help to find lawyers and legal services in your area.