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Author Topic: Chances of winning motion to set aside  (Read 7358 times)

MixedBag

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Re: Chances of winning motion to set aside
« Reply #10 on: Jun 07, 2012, 09:49:46 AM »
You should also be able to extract that information (well, maybe) from your file.
 
If two certified letters were sent out, that information might be in there.....and the addresses to which they were sent.


Simplydad

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Re: Chances of winning motion to set aside
« Reply #11 on: Jun 07, 2012, 10:53:15 AM »
You definitely need to file a response to her motion.  The reason she has a hearing is because the courts do not have the information that she was actually served.  So you would definitely need to get copies of the certified receipts.  Once you do that her motion is moot.


Did she have an attorney during the original process?

Spaceman1982

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Re: Chances of winning motion to set aside
« Reply #12 on: Jun 07, 2012, 11:21:33 AM »
The Nevada system is weird. An attorney filing a.certificate of mailing is legit here. I checked our dockets and he did file two certs of mail for the motion and two for the order. Both send to the last two address she had on file. Nevada also will give you a hearing regardless of merit to speak. The calendar clerk just files and time stamps it.  If it has or lacks merit the judge will tell you when he sees you. I have seen my judge literally throw a couple cases out as soon as they stepped to the podium stating unwarranted motion dismissed.

No she has no atterney now or never.

Spaceman1982

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Re: Chances of winning motion to set aside
« Reply #13 on: Jun 07, 2012, 03:42:48 PM »
Ok so I met with the old attorney. The judge had done a bench order in March justifying attorney fees (for me) and had acknowledged at that hearing that my ex hadn't responded within 90 days of the December hearing. He reaffirmed service was proper and ordered the fees. He also acknowledged that if she had failed to respond in 90 days sole custody was permanent for me.

Attorney told me that Nevada has a 6 month total window to set aside. However 3 months is for whatever reason. Past 3 months you have to have fraud involved. I did ask cause I have read that "default" judgements tend to get thrown out with set aside motions. He told me however, these were not default judgements but orders.

Also you were right, the calendar gave her a time....but the motion has yet to be approved, and it looks like her motion won't even be granted.

MixedBag

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Re: Chances of winning motion to set aside
« Reply #14 on: Jun 07, 2012, 05:26:40 PM »
OMG Nevada???  That was EX#3's and his EX's state of jurisdiction.  He took his case to the NV Supreme Court...
 
I've never ever seen a state that bent over backwards for her when she would miss deadlines, break rules of evidence, you name it.  It was HORRIBLE.
 
So good luck and keep us posted about the results.
 
(Jursidiction for EX#3 was Humboldt County.....Winnemucca, NV to be exact.  No one lives there anymore and talk about being out in the boonies....yuck!  His judge was not re-elected and is somewhere in Las Vegas practicing as a private attorney).


Spaceman1982

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Re: Chances of winning motion to set aside
« Reply #15 on: Jun 07, 2012, 05:54:19 PM »
Wow! How long ago was that?!?

MixedBag

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Re: Chances of winning motion to set aside
« Reply #16 on: Jun 08, 2012, 06:54:37 PM »
Let me think.....like from 1999 to 2006

Spaceman1982

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Re: Chances of winning motion to set aside
« Reply #17 on: Jun 09, 2012, 12:46:04 PM »
Wow. My judge is pretty good. By the book.

So her motion went through and my old att read it. She states she was never served cuz we mailed it to xyz (which is her last known address on file) and she hasn't lived there for at least 12 months and in a email she sent me she told me she lived at zyx. (she did send me this email, however I turned the address over to child support and they told me that was NOT her address via post office mail return. Something that was discussed at the Dec hearing)

So basically, every paperwork tells people they must update addresses within 10 days of moving like every motion order whatever. So my att says it won't matter. He has protocol he follows when his clients do proceedings and he did what the State of Nevada mandates he does, which is mail it to her last legal address. Combined with the fact our judge had already closed the case two months ago, she's in for a rude awakening.

I asked my att how much to oppose and court appearance and he said he can charge me and write a opp for a unfounded claim (me and him have a report plus the hearing is to close to have had adequate time since we still have yet to be served) so he is gonna just do his appearance and go from there.

 

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