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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
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Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I filed an annulment in Churchill co Nevada and the judge responded

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I filed an annulment in Churchill co Nevada and the judge responded with an order striking affidavit in support of default annulment. Stated reasons of not filing it correctly and not stating the claim of fraud stated with particularity.
My wife had VARN (volunteer Attorneys for rural Nevada) file an answer which arrived a day late for the response time. (for the initial filing of complaint for annulment)This answer had some claims that were at best a stretch and some claims that were false. Also stated attorney fees and alimony. We lived together married for approximately 4 months.
All that being said; after the judge sent out the order striking I just kinda dropped things cause I could not provide the proof he was requesting. Now it is Aug. 22 and I have received a notice from VARN (NOTICE OF INTENT TO TAKE DEFAULT) what does this mean and will I have the ability to answer any future claims about community property, community debt, and alimony?

Hi, my name is XXXXX XXXXX I will be assisting you. If I have not answered your question, please let me know and I will be glad to explain further.

 

 

1. Does the "Notice of Intent to Take Default Judgment" give you any number of days to file a responsive pleading ?

2. Does the "Notice of Intent to Take Default Judgment" state any date on which the Default Judgment will be entered ?

 

 

Customer: replied 4 years ago.


Yes it does. It was dated on the 14th of Aug. and gave me until the 26th of Aug. (Monday)


Actually, here is the whole paragraph:


TO XXXXX Gunter:


Please take notice that the defendant Teesa A Reynolds-Gunter, intends to take the default of the Plaintiff above named unless a responsive pleading to defendant's counterclaim for divorce is served on defendant and filed herein on or before August 26th, 2013 twelve days from the date of this notice


Dated this 14th dayof August 2013

Thank you for your reply, Sam,

 

No matter how false or outrageous the allegations are in a pleading, they will be deemed admitted, if not denied; and, where no responsive pleading at all is filed and served on the opposing party, a judgment by default is entered.

 

My suggestion would be to either find an Attorney very quickly (but certainly before August 26, 2013), prepare a responsive pleading yourself, denying each allegation separately and be sure you file it with the Court before August 26, 2013. You can have it served on your wife either the same day, or within a few days thereafter, just as long as you have filed it with the Court and you have the Court "Time-Stamp" several copies for you.

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Customer: replied 4 years ago.


ok.... just curious though....the intent to file default copy that I received was not time stamped.


Also in the counterclaim that was filed (it was late but I now understand it will still be admitted) Only mention was Community property community debt and alimony, no specifics on any of them. So what would the judge rule on? Also with only being together for 4 months what is the likelihood of alimony? Lastly would it be of benefit for me to request to withdraw the complaint of annulment in my response?


 


Thank you again.

Hi, Sam,

 

1. Parties do not have to be served with a Time-Stamped copy. Sometimes, I will just send a plain copy to opposing counsel and in the cover letter I will write, " Enclosed please find.......... which I have this date filed with the Delaware County Court of Common Pleas Office of Judicial Support .......... ".

 

It does not affect the validity of the pleading

 

2. The Judge would rule on everything that has been requested. That is why it is important to file a responsive pleading to her counterclaim.

 

3. Chances of getting alimony after 4 months of marriage ? Nil to minus 10

 

4. I cannot see any benefit to withdrawing your Complaint if you want to divorce your wife.

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,



If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

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