Legal Question in Civil Litigation in Nevada
eviction
the house that I am living in foreclosured and was given a order to show cause and trial,application and affidavit of for order to show cause and for order shortening time from 20 days to 10 days, complaint for unlawful detainer which where served 4-1-08 at 4pm and the court date is 4-7-08. Was this a legal service since its less than the 10 days and what can I do about this eviction when I am moving anyways at the end of the month
1 Answer from Attorneys
Re: eviction
Improper service is an affirmative defense to the action, which can be raised by motion. The pertinent court rule provides:
(b) How Presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) insufficiency of process, (4) insufficiency of service of process, (5) failure to state a claim upon which relief can be granted, (6) failure to join a party under Rule 19. A motion making any of these defenses shall be made before pleading if a further pleading is permitted.
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