Legal Question in Real Estate Law in Nevada

Process after complaint/motion is filed against you

A Complaint and Motions were served upon me giving me 20 days to respond. I responded before the 20 days had expired. Five days after I was served, the Court apparently granted an order of which I was not aware and only became aware of after I filed my Answer and Cross Complaint. What is the proper course of action now? AND Is a normal thing for a court to do without my being notified of any actions against me?


Asked on 12/28/05, 5:12 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: Process after complaint/motion is filed against you

Here's a classically lawyerly answer . . . it depends. What is the nature of the Complaint? Is it an action relating to real estate title? If so, the "Motions" you refer to may have been an ex parte petition for a restraining order or a lis pendens that "freezes" the property, pending the outcome of the underlying action. If I am guessing right so far, the Order to which you refer may have been the TRO or Order granting the lis pendens, which just put everything regarding the property "on hold" until the dispute is resolved. That would be appropriate under my assumed circumstances, as the Court would wish to preserve the status quo and disable you from selling your property or otherwise encumbering it before the dispute is heard and decided.

Are my assumptions correct here? You did not really provide enough information to give any kind of guidance, but if my guesses are right, the next step is to make sure you "responded" appropriately to the Complaint and go forth with the litigation. If this matter has the usual complexities of real estate title disputes, I would strongly advise you to seek legal counsel and find someone who has experience in this field to assist you in protecting your interests. Good luck to you.

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Answered on 12/29/05, 8:32 pm


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