Setting Aside Judgment Duress

Summary

In Nevada, setting aside a judgment due to duress involves proving the duress was sufficient to overcome free will, directly resulted in the judgment, and that no adequate legal remedy was available. In California, one must prove the duress was significant enough to overcome free will, directly related to the judgment, and that they couldnt have reasonably avoided the duress, and file a motion promptly. To argue against such claims, question the sufficiency of the duress, dispute the direct link between the duress and judgment, suggest other legal remedies were available, and argue the claim is not timely. Consult a legal professional for specific advice.

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what is the legal test for setting aside a judgment when a respondent is claiming duress?
In Nevada, setting aside a judgment due to duress might involve:
- Proving that the duress was present and sufficient to overcome one's free will.
- Showing that the duress directly resulted in the judgment.
- Demonstrating that there was no adequate legal remedy available.
Please consult with a local attorney to discuss specifics.
what is the legal test for setting aside a judgment when a respondent is claiming duress in California
In California, to set aside a judgment due to duress, one must:
- Prove that the duress was significant enough to overcome free will.
- Show that the duress was directly related to the judgment.
- Demonstrate that they couldn't have reasonably avoided the duress.
- File a motion to set aside the judgment promptly.
Please consult a local attorney for more specific advice.
how would you argue against a person claiming duress who wants to set aside default judgement
To argue against a person claiming duress to set aside a default judgment in Nevada, you could:
- Question the sufficiency of the duress
- Dispute the direct link between the duress and judgment
- Suggest other legal remedies were available
- Argue that the claim is not timely
Please consult a legal professional for advice tailored to your case.
How would you dispute the direct link between the duress and judgment
To dispute the direct link between duress and judgment in Nevada, you could:
- Argue that the judgment was not directly caused by the duress.
- Provide evidence that the decisions made were not influenced by the alleged duress.
- Suggest that the duress was not significant enough to overcome free will.
Consult a legal professional for specific advice.