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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Will it affect my case that my prior lawyer didnt have a proof

Customer Question

Will it affect my case that my prior lawyer didn't have a proof of service filed on a third amended complaint where the defendant defaulted on the initial complaint and the default was granted for my RICO case, which I'm doing in pro se, is on April 9th? The guy who works in the self-help center in the Northern District Federal Court in San Jose, California said it will and the prior attorney who dismissed himself says it doesn't and said the self-help guy doesn't know anything.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LawTalk replied 4 years ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

I'm a bit confused by the facts as you have laid them out. Can you clarify the picture for me and give me a bit more background.

What are you specifically doing pro se, on April 9th?

How many defendants are there?

If the original complaint was never responded to, and your attorney took a Default, why would there then have been filed both a First Amended Complaint and then a Second Amended Complaint?

What were the changes to the complaint which were made by the first and second amendments?