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Motion For Summary Judgement default inevitable

Discussion in 'Other Debt, Collection, Garnishment' started by Miles, Apr 15, 2022.

  1. Miles

    Miles Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    My lawyer is not responding to this motion and court will not accept my opposition.
    Response due 4/19/22.
    Informed my lawyer that I would have to respond myself since out of money to pay him.
    But he is still lawyer of record.
    Seems like no way out.
    Suggestions welcome.
     
  2. justblue

    justblue Well-Known Member

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  3. Tax Counsel

    Tax Counsel Well-Known Member

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    I don't practice in NJ, so this may not be spot on for what you need to do. But in general courts will not accept pro se filings from a party represented by a lawyer in the case. So typically your solution here is to fire your attorney and have the attorney file the motion to withdraw as counsel so that you can then represent yourself. Your problem is that as of the time I'm writing this it's past close of business on 4/15, which means you only have two business days left before that deadline. You might be able to fire your attorney Monday and then file your motion by Tuesday stating the date and time you fired your attorney, that you expect the attorney to file the motion to withdraw shortly and you are filing ahead of that to protect your interests. Worst thing that can happen then is that the court rejects your filing, with the same result as if you'd not tried at all. Better yet, try to find help ASAP from a legal aid clinic to advise you what to do, if you can get through to one Monday morning.
     
    Red Kayak likes this.
  4. zddoodah

    zddoodah Well-Known Member

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    Prepare and sign and get your attorney to sign a substitution of attorney document that makes you your own counsel of record. I don't know whether, in NJ, substitutions are done by the filing of a simple form or whether a motion is required.
     
    Red Kayak likes this.

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