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LiveGreenTea

Judgement is set aside, now what?

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Hi,

 I am being sued by a collection agency in small claims/circuit court. A judgment was entered against me, but is now set aside. A new trial date has been entered so they can attempt to reopen the judgment. The lawyer I retained has mishandled the case and I now want to proceed, on my own. Would I be able to file a motion to dismiss from here? If not, what might be an ideal next move?

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If a trial date has been set I question why you think a motion to dismiss might be effective.  Also, you asked if you can ". . . file a motion to dismiss from here."  It is not clear why you said "from here.

 

Certainly you can dismiss your attorney and proceed pro se.  Your attorney would have to file a motion to withdraw and you would have to consent to the withdrawal.  Once an attorney has entered an appearance they need court permis sion to withdraw.

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In my experience (none of which is in Missouri), you need to file a substitution of attorney (or some similarly-titled document) that substitutes you in place of your current attorney.  As long as you are represented by counsel, you cannot properly file anything on your own behalf.  Talk with the lawyer about your desire to terminate him/her.

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