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Hi Kirk Esq. I am in Federal District Court of Guam. I filed

Resolved Question:

Hi Kirk Esq.
I am in Federal District Court of Guam. I filed a Complaint in lieu of a Petition. Guam has a Dept. of Rev. and Tax that functions on a mirror law of the IRS Internal Revenue Code. My complaint is based on the administrative function and not on tax rules. tAX ISSUES HAVE 60 DAY TO RESPOND AND Federal COMPLAINTS HAVE 21. GOVGUAM missed the 21 days, I filed a Request or Entry of Default. My case is based on administrative process. GOVGUAM has entered MOTION TO STRIKE REQUEST FOR ENTRY OF DEFAULT JUDGEMENT. It seems that I am suing about apples and they are saying thet oranges have 60 days.

What is my response to the Strike motion?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - thanks for looking me up.

 

Your response should be made directly to the allegations of the motion to strike. The government should have a basis for its request to strike your default, and you would have to rebut their allegations.

 

If the allegation of the government is that it has 60 days, then you can claim that the case is not about tax issues - which carries a 60 day response period - but instead is based on the administrative rules - which should be subject to the 21 day response time.

 

That's really all you can do - - reply to the allegations of the motion to strike and try to convince the court that their position is not legally sufficient.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 27077
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 11 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Kirk


 


What do I name it??

Expert:  Roger replied 1 year ago.
Response to Defendant's Motion to Strike
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 27077
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 11 other Real Estate Law Specialists are ready to help you

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