North Carolina  |  Family Law

Legal Question

Asked on: 1/18/12, 9:25 pm

I have Evidence that Ex-husband Lied to His Lawyer to File a Motion to Set aside Default Judgement. Ex-Husband hired lawyer to file Motion to Set aside Default Judgement on Divorce on the Grounds of Rule 60 & Notice of Hearing... Ex had 30 day to respond & failed to do so, so default judgement was granted. My ex is telling his lawyer he Did NOT received the Summons & Complaint for divorce via Certified Mail. He Rents a Mail Box from a Pack & Ship Business that is Registered with USPS to Receive & Sign for Certified Letters for the Mail Box Holder. I did some investigating on my own & found out who the employee was that signed for the letter. My ex is Claiming Not to know this person. I have a copy of the return receipt from the certified letter. I also have a Written Statement from the Business Owner stating that an employee Remembers giving it to my Ex. The Owner also told me that Ex Refused to sign a "Flag" stating he had received the certified letter but crumbled the "flag" & through it. Now I know my Ex has lied to his lawyer just to keep harassing me. He was abusive & this is his way of trying to keep his power. He makes in one month, what I make in a year. He makes over $15-20K a month & knows I can not afford an attorney. We were only married a year we have NO children or personal property together. What happens in these motions, if I have evidence that he received the divorce summons? He has a lawyer & I don't. I am told by a Lot of people my Ex doesn't have a leg to stand on with the evidence I have & can I safely go into court by myself against his attorney with the evidence I have. How likely is it the judge will see through his lies & dismiss this case with this letter from the business owner? OR how likely is it to find an attoney that will wait to get paid after & Request that EX pay the attorney fees & court cost for wasting EVERYONE'S Time with his Lies?

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