Section 44-8-8 – Compensation.
A receiver and an attorney, accountant, broker and other person duly engaged and retained by the receiver shall be entitled to receive reasonable compensation, to be paid from the receivership estate, in a sum to be fixed or approved by the district court, for services rendered to the receivership estate. History: Laws 1995, ch. 81, […]
Section 44-8-9 – Removal, death, resignation, substitution and discharge of receiver; termination of receivership.
A. Upon notice and hearing, a receiver may be removed either upon application by an interested person or upon the district court’s own motion. B. The death, resignation or substitution of a receiver, the expiration of a receiver’s term of appointment or the dismissal of the action in which a receiver was appointed shall not […]
Section 44-8-10 – Appeal and stay of appointment of a receiver.
If an appeal is taken from a district court from a judgment or an order appointing a receiver, perfecting of an appeal from such judgment or order shall not stay enforcement of the judgment or order unless a bond, in a sum fixed by the district court, is given and posted on condition that if […]
Section 44-9-1 – Short title.
This act [44-9-1 to 44-9-14 NMSA 1978] may be cited as the “Fraud Against Taxpayers Act”. History: Laws 2007, ch. 40, § 1. ANNOTATIONS Cross references. — For the New Mexico finance authority, see 6-21-4 NMSA 1978. For the mortgage finance authority, see 58-18-4 NMSA 1978. For the New Mexico lottery authority, see 6-24-5 NMSA […]
Section 44-9-2 – Definitions.
As used in the Fraud Against Taxpayers Act: A. “claim” means a request or demand for money, property or services when all or a portion of the money, property or services requested or demanded issues from or is provided or reimbursed by the state or a political subdivision; B. “employer” includes an individual, corporation, firm, […]
Section 44-9-3 – False claims; liability; penalties; exception.
A. A person shall not: (1) knowingly present, or cause to be presented, to an employee, officer or agent of the state or a political subdivision or to a contractor, grantee or other recipient of state or political subdivision funds a false or fraudulent claim for payment or approval; (2) knowingly make or use, or […]
Section 44-9-4 – Investigation by the attorney general; delegation; civil action.
A. The attorney general shall diligently investigate suspected violations of Section 44-9-3 NMSA 1978, and if the attorney general finds that a person has violated or is violating that section, the attorney general may bring a civil action against that person pursuant to the Fraud Against Taxpayers Act. B. The attorney general may in appropriate […]
Section 44-7B-5 – Exceptions; admissibility; discovery.
A. Mediation communications are not confidential pursuant to the Mediation Procedures Act [44-7B-1 NMSA 1978] if they: (1) are contained in an agreement reached by the mediation parties during a mediation, including an agreement to mediate, and the agreement is evidenced by a record signed by the mediation parties, except when parts of the agreement […]
Section 44-7B-6 – Effect of agreement.
A. If the mediation parties reach a settlement agreement evidenced by a record signed by the mediation parties, the agreement is enforceable in the same manner as any other written contract. The agreement shall not affect any outstanding court order unless the terms of the agreement are incorporated into a subsequent order. B. A court, […]
Section 44-8-1 – Short title.
This act [44-8-1 to 44-8-10 NMSA 1978] may be cited as the “Receivership Act”. History: Laws 1995, ch. 81, § 1.