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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36245
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Good Morning, My husband who is out of the country on an

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Good Morning,
My husband who is out of the country on an emergency has his uncle filing a Lawsuit against him in United States District Court of East District of Virginia. We live in Tx. The law suit paper work was delivered to me(his wife) on Friday 9/20/13 and he had to leave on Sunday 9/22/13. I was not asked to sign anything for receiving the papers. My husband didn’t have time to research or hire an attorney in Virginia before leaving. We have 21 days from 9/20 which is 10/18/13 to respond. May I send a letter to the plaintiff's attorney informing him he is out of the country or do I have to have an attorney do it? The matter he is suing my husband is over land sold in Afghanistan which he claims my husband stole his money and he did NOT. My husband has the prove and documentation from Afghanistan to bring with him. I have nothing with me to present or respond at this time. My husband will have everything once he gets back. Please help, what am I supposed to do?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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May I send a letter to the plaintiff's attorney informing him he is out of the country or do I have to have an attorney do it?
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You can send a letter to the plaintiff's attorney advising him of your husband's absence, but if you were properly served as an adult living at his address, then he would be deemed legally served with the complaint. What this means is that he, or an attorney on his behalf, still has to respond within that deadline or he risks having a default judgment entered against him.
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So even though husband is out of the country, if he was considered legally served, it wouldn't extend the deadline to respond.
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With that said, you would need to contact a local civil litigation attorney so he can begin to get a skeleton Answer drafted so it is ready to fill in with the facts and details once husband gets back with the information. If husband is not going to be back in time, then he needs to send all the documentation directly to you or the attorney so he can adequately respond in time to meet the deadline.
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Thanks
Barrister
Customer: replied 3 years ago.


By any chance do you know a good attorney in the East District of Virginia I could speak to and hire. Hiring a Fed Civial Attorney will be expensive in TX because of traveling etc.

Unfortunately, my agreement with JustAnswer prohibits me from making direct referrals to customers.
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However, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

 

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Thanks

Barrister

 

Customer: replied 3 years ago.


Last question the 21 days that we have to answer to the suit, is it business day? the paper work was service on 9/20/13 so we have until 10/18/13 to respond to his attorney correct?

No, it is not business days, it is calendar days unless the 21st day falls on a Sat, Sun, or holiday, then it rolls over to the next business day. So the way I calculate it, you have until the 11th of October to file an Answer because the time starts running the day after the summons and complaint is served.
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Thanks
Barrister.
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