"His Attorney told me via email that she won't accept any paperwork until the Defendant is properly served"
When I do properly serve the Defendant am I required by law to tell his Attorney?
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You are not required to tell his attorney when you properly serve the defendant. But doing so would be common courtesy.
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You should serve the Defendant immediately and file the Proof of Service. It sounds like the Defendant's attorney is either not on retainer or she is not a litigator so she is not going to accept service.
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You do not have to inform the attorney; his or her client should tell him.
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As much as you are undoubtedly frustrated with the attorney for not accepting service, it does not benefit you by not telling the attorney and then - if the defendant does not tell his/her attorney - getting a default judgment.
There are lenient rules that would allow any default to be set aside, and the only thing you would have accomplished is to anger and frustrate the defense attorney, which - since you do not have counsel yourself - would likely mean bigger headaches for you in the future.
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No, but it would be courteous. A little courtesy can go a long way in defusing a tense lawsuit, making settlement easier.
It is up to the defendant to tell her lawyers about the lawsuit. She may decide to hire a different lawyer for this case.
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