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Affidavit And Memorandum

The sworn statement and argument filed with a motion. See motion practice for more information and forms.

Question: What should be the next step the plaintiff to take? After the court/judge approve the affidavit in support of default judgment and memorandum of costs and disbursements what should be the next step the plaintiff to take? The defendant never answer the complain so I am wondering if I can file a writ to collect the money(garnishing) the wages. Ps. The defendant paid half of another law suit and I am still collecting that money. Should I wait to that law suit end to collect the new one or can do at same time? This is in Nevada. Thanks

Answer: You go, girl! If by "approved the affidavit" you mean he granted your motion for summary judgment, you will need to observe any waiting period for the defendant to respond before judgment entry is made. If he doesn't, you can do whatever is allowed including garnishment. As to whether you would want to collect now or later is up to you. It's your call as to whether you'd be attempting to squeeze more blood from the stone or that he/she can afford it. You run the risk that the defendant will attempt to allude your grasp totally. RJ

 


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