Q: Serving by Cert Mail Return Receipt, can I myself mail the Affidavit of Opposition to my attorney's withdrawal OSC?
I am getting mixed answers from the Court's website and from the Court itself. I am a defendant and my attorney is requesting to withdraw. I received the Order to Show Cause and I want to oppose by Affidavit In Opposition. I was told that I myself can mail by Cert Mail Return Receipt the affidavit to all parties and sign the Affidavit of Service, and then I was also told that someone else has to do the mailing and sign the Affidavit of Service. This is Supreme Court Nassau County NY, on a real estate case (not foreclosure or mortgage). I live out-of-state. Thanks.
A: You can sign it.
A: Service of process has to be effectuated by a non-party. There are other requirements for proper service. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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