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.
A North Carolina Affidavit in Support of Slow Pay Motion is a legal document used in the North Carolina court system to address delays in payment during a legal proceeding. This affidavit is filed by a party who believes that the opposing party is intentionally delaying or being negligent in making payments related to the ongoing case. The purpose of this affidavit is to bring the court's attention to the slow payment issue, request the court's intervention, and seek a resolution that ensures timely payments are made. The affidavit begins with the party providing their personal information, including full name, address, and contact details. It also includes relevant case information such as the court name, case number, and case caption. The next section of the affidavit explains the background of the case and the payment agreement between the parties involved. It details the agreed-upon payment terms, including the amounts, due dates, and any specific payment arrangements. The affidavit then goes on to describe the slow payment problem encountered by the party filing the motion. It highlights the specific instances where the opposing party has failed to make payments as agreed upon or has unreasonably delayed payments. These instances are supported by relevant evidence, such as copies of invoices, proof of delivery, and any written communication discussing the payment schedule. Moreover, the affidavit explains the impact of delayed payments on the party filing the motion. It may address the financial strain caused by late payments, the difficulty in meeting other obligations, or the harm inflicted on business operations due to the opposing party's negligence. Furthermore, this affidavit usually includes a request for the court to intervene and address the slow payment issue. The requesting party may ask the court to compel the opposing party to make payments according to the agreed-upon terms, impose penalties or interest in late payments, or even consider sanctions for intentional delay tactics. It is important to note that while the North Carolina Affidavit in Support of Slow Pay Motion is a general term, there may be specific variations or subtypes of slow pay motions in the North Carolina court system. These variations could be influenced by the type of legal case, the court's jurisdiction, or specific procedural rules. Therefore, some potential variations or types of North Carolina Affidavit in Support of Slow Pay Motions may include: 1. North Carolina Affidavit in Support of Slow Pay Motion in Family Law Cases: This type specifically addresses slow payment or non-payment issues related to child support, alimony, or spousal support obligations during divorce or separation proceedings. 2. North Carolina Affidavit in Support of Slow Pay Motion in Civil Litigation Cases: This subtype focuses on slow payment issues related to breach of contract, personal injury settlements, or other monetary obligations arising from civil lawsuits. 3. North Carolina Affidavit in Support of Slow Pay Motion in Business Disputes: This type tends to address slow payment issues arising from business contracts or agreements, such as delayed invoice payments, contractual breaches, or payment disputes among business entities. These are just examples of potential variations, and it's essential to consult appropriate legal resources or professionals to understand the specific requirements and procedures associated with filing a North Carolina Affidavit in Support of Slow Pay Motion.