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.
New Mexico Slow Pay Motion refers to a legal process that allows contractors and subcontractors in New Mexico to seek payment for their work when a project owner or general contractor is acting slowly or refusing to pay for completed services. This motion is a means for contractors to assert their rights and protect their financial interests. In New Mexico, there are two main types of Slow Pay Motion that can be utilized: 1. Regular Slow Pay Motion: Contractors can file a regular Slow Pay Motion when they have not been paid for completed work within the agreed-upon timeframe or within 30 days from the date of invoice. This motion enables them to pursue their unpaid dues through a legal process and potentially obtain a judgment in their favor. 2. Prompt Pay Act Slow Pay Motion: Under the New Mexico Prompt Pay Act, contractors are entitled to prompt payment for completed work. If a project owner or general contractor fails to make payment within the specified timeframe, a Prompt Pay Act Slow Pay Motion can be filed. This motion seeks to enforce compliance with the Prompt Pay Act and ensures that contractors receive their due compensation promptly. Filing a Slow Pay Motion generally involves the following steps: 1. Proper Documentation: Contractors must ensure that they possess all relevant documents related to the work performed, such as contracts, invoices, and any supporting evidence of completion. 2. Notice of Intent (NOI): Before filing a Slow Pay Motion, the contractor must typically send a Notice of Intent to the non-paying party, highlighting the unpaid amount and providing a set timeframe to resolve the matter voluntarily. 3. Filing the Motion: If the non-paying party fails to respond or settle the payment dispute, the contractor can proceed to file the Slow Pay Motion in the appropriate court. This requires submitting the necessary paperwork, including the NOI, supporting documents, and a formal motion. 4. Court Proceedings and Resolution: Once the court receives the motion, a hearing may be scheduled where both parties can present their arguments. If the contractor prevails, the court may issue a judgment in their favor, ordering the non-paying party to settle the outstanding amount. Overall, the New Mexico Slow Pay Motion serves as a legal safeguard for contractors and subcontractors, ensuring they receive timely payment for their services. It provides an avenue to address payment delays or disputes and seek a resolution through the legal system. By understanding the intricacies of Slow Pay Motion, contractors can take appropriate action to protect their financial interests and maintain a fair business environment.
