Montana Defendant's Answer to Plaintiff's Petition for Partition
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How to fill out Montana Defendant's Answer To Plaintiff's Petition For Partition?
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FAQ
A petition for partition can take 6 months to one year if ordered sold at the courthouse. The parties can always decide to sell through a realtor and the time will depend on when a buyer makes the offer.
The petition to partition is a legal tool designed to resolve disputes between co-owners. Its outcome is a court-ordered physical division or sale of the property for fair sharing of proceeds among co-owners.
The plaintiff must give you responses to your request for admissions within 30 days. You do not need to do anything if you do not get a response. The plaintiff has 30 days to deny or object to the statements.
Each court has different rules about how long you have to respond to this motion, but usually you will have at least two or three weeks to file an opposition to the defendant's motion to dismiss.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.
Partition actions are when one party to jointly-owned property or a business wants to sell their ownership rights.Therefore a partition is a request to a court to help determine the best manner of dividing jointly-owned property.
There is no obligation to respond to alleged affirmative defenses....they can be contested at trial or summary judgment.
If you don't file a response 30 days after you were served, the Plaintiff can file a form called Request for Default.The Plaintiff will win the case. Then, the Plaintiff can enforce the judgment against you. This can mean getting money from you by garnishing your paycheck or putting a lien on your house or car.