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Ely
Ely, Counselor at Law
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My wifes attorney dropped her case, yet forwarded to her email

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My wife's attorney dropped her case, yet forwarded to her email address to opposing counsel. A summons appeared in her email. No attempts have been made to personally serve my wife or family. This is in Oregon. Is this valid?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your wife's situation. Can you please tell me:

1) What kind of case is this?
2) Do you know if the parties had an agreement to accept service via email, or not?
3) Is the summons BY THE OPPOSING PARTY or by her? In other words, who sent the summons to whom? Or forwarded? Please be specific. Who is setting the hearing, and what is the hearing for?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

It is a wage and hour dispute.


There has been no agreement regarding accepting service via email. As my wife's attorney was bowing out (we are attempting to settle this for $5000, her bill so far is 12000) he said opposing counsel was going to send the summons by email, which he felt was "lazy". No comments were ever made as to the legalities involved.


 


The summons is being sent by plaintiff's attorney to my wife, the owner of an in-home care agency.

Thank you, B.

Thank you. There are two issues here:

1) No service is allowed by email unless both parties agree in writing and stipulate to this effect; and

2) If her attorney was bowing out, then if the email was sent AFTER the attorney already withdrew, then it is not valid. It would NOT be valid anyhow because it is not proper service to being with.

As such, the summons is invalid. One may then do the following:

1) Send a certified letter stating that the summons is not recognized because it is invalid, and/or
2) File a Motion to Strike to invalidate the summons.

Normally, one of the two has to be done because otherwise, the other party can claim that she was properly served, have the hearing and have her be a no-show, and she would have to scramble to get whatever default order reconsidered due to no summons.

Or alternatively, she can just waive the bad summons matter and show up on the date of the hearing.

I hope this helps and clarifies. Good luck.

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