[NY] The court froze my account. How do I move to dismiss?
I’m accused in a counterfeiting lawsuit. I’m wondering if I must be legally served. I’ve been in legal limbo.
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You must be served in any lawsuit (CPLR 308/313/316). Check the court file—it’s public. There could have been alternative service, or they haven’t served yet (CPLR 308(5)). A freeze usually requires a court order, so a case likely exists.
If your assets are frozen, they likely know who you are. “John Doe” is for unknown defendants; that conflicts with a targeted freeze. Hire a local lawyer to pull the file—something’s off.
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I have questions about John Doe defendants and a temporary restraining order.
Lexi, Chatbot
Have you already filed for a TRO?
No—the plaintiff has an order against my bank account. I want to know my rights.
Lexi, Chatbot
What state is the case in?
New York.
Jon
What’s your question exactly?
I’m accused in a counterfeiting lawsuit. I’m wondering if I must be legally served. I’ve been in legal limbo.
Jon
You haven’t been served at all? Is it criminal or civil?
I haven’t been served, and my assets are frozen. It’s a civil case.
Jon
You must be served in any lawsuit (CPLR 308/313/316). Check the court file—it’s public. There could have been alternative service, or they haven’t served yet (CPLR 308(5)). A freeze usually requires a court order, so a case likely exists.
If your assets are frozen, they likely know who you are. “John Doe” is for unknown defendants; that conflicts with a targeted freeze. Hire a local lawyer to pull the file—something’s off.
They’re claiming I’m someone I’m not.
Jon
Then hire counsel to move to dismiss you as the wrong party.
I’m not the proper party, but they claim they have evidence. The plaintiff is Nike.
Jon
Get a lawyer to file a motion to dismiss; the court will require their evidence or release you.
Do I legally have to be served? The case is in discovery.
Jon
Yes, but temporary orders can issue before service. You need to see the file to know what was alleged and how service was handled.
If I’m added later as a defendant, how long do they have to serve me?
Jon
In New York, they generally have 120 days to serve a newly added defendant after an amended complaint is filed.
Is dismissal automatic after 120 days, or do I need to move? They don’t have jurisdiction over me.
Jon
You (through counsel) can move to dismiss for lack of service/jurisdiction; it’s not automatic.
I offered to settle, but they said they don’t want to name me.
Jon
Hire local counsel and move to dismiss now—that may prompt resolution.
Should I wait to be amended in or file something now?
Jon
Act now.
My attorney says wait—what’s best?
Jon
Follow your attorney’s advice; they know the file and strategy.
Jon
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