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I recently discovered that a summary jugement was awarded against me. I contacted the plaintiff's attorney, who informed me that service was made on my attorney. The problem lies in the fact that my attorney was let go over a year ago, and this firm was notified by letter, which I have a copy of. Upon contacting my old attorney, she disclosed that she had been served, but returned service with another letter advising them that she was no longer representing me, and they needed to serve me personally. The plaintiff's attorney holds that she never filed a motion to withdraw. Who did not follow the proper conduct, and do I have any recourse? I am in New York. I have no money for an attorney, they took my bank account already. Thanks for your time.


Senior Member
Depending on the time that has passed since the judgment, you might consider filing a motion to set aside the default judgment due to lack of proper service. Your facts will be heard by the court to determine if you were properly served, and if not, he should set aside the verdict and reset a new trial date.

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