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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