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gasgirl

Member
My husband and I were awarded $5000 in legal fees from his ex, who brought ridiculously frivolous charges against us (and tried to short-sell a home my husband cosigned on without his knowledge), all after losing custody (again) of her children and being assessed child support. It was the same judge who has handled the custody battle for 2 years...

Anyway, the judge "reduced the award to judgement". My understanding of this is that we may obtain a Writ of Execution and present that to the Sheriff who will escort us to her bank and we can Levy her bank account. Am I right?

2 Days after this judgement, Ex-Wife files a Motion to Set Aside, and another hearing is scheduled.

One day before the Hearing, she files an Appeal to the Supreme Court (this is apparently the only Appeals Court in NV). In addition, her appeal states she is requesting the Judge recuse himself! Her grounds are that his son attends the same school as one of the kids (the daughter had to pull out a yearbook to look him up and said, "yes, I think I had a math class with him 2 years ago").

As my legal bills thus far have exceeded $50,000 over 2 years, and every email and phone call racks up more, I would hust like to know what to expect next: timeline, does my atty have to write any sort of response, what will happen, and what are the chances the judge will recuse himself? Can I still get a Writ of Execution if the matter is in Appeals?

Need I mention the Ex is representing herself in this matter after having 2 attorneys withdraw themselves in the last 6 months?
 


goldhunter_2

Junior Member
I am no lawyer so this is just my opinion.

I have a similar X :eek: First just because she has filed for the judge to recuse himself doesn't necessarily mean there is grounds for it , same with the appeal if it is filed doesn't mean it is granted I don't believe .

If you already have a judgment why wait to levy the accounts before she moves the money? there is a chance if the judge recues himself and if it goes to appeals court that the funds would have to be returned but I still doubt that as it was a sound judgment**************.... what does your lawyer say about it
 

gasgirl

Member
Just got an email from his paralegal telling me the last hearing was cancelled, the ex filed an appeal and asked for recusal.

What I want to know, without another $250 phone call, is what is next? Will there be a hearing we need to attend, or do some Appellate Judges read over the lower court's transcripts and make a decision?

What is the timeframe for all this? Weeks? Months? More?
 

davidmcbeth3

Senior Member
an appeal is not a re-hearing of the case so you will not need to testify. It should take about 4-12 mo. for the appellate court to hear the case, maybe. You can look up other cases (recently ruled on) in the appellate court (court opinions) & get a better time line idea
 

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