What form do I file to contest the serving of a subpoena?
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What form do I file to contest the serving of a subpoena?
After an eviction the landlord sued and the court file say I was served with a subpoena. I was not served and a default judgement made because I failed to appear in court. I filed a motion with the court and was denied because the file says that I was served. What do I now file to contest the serving of the subpoena?
Asked on July 5, 2012 under Real Estate Law, Michigan
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It is hard to know what really happened with out being able to view the court file. But what I think that you need to do here is to make a motion to vacate the default stating that you were not properly served with what ever the document it was. Vacating a default can be tricky. Seek help from a landlord tenant organization or legal aid. Good luck.
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