Legal Question in Family Law in North Carolina

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?

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

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

It sounds like you did your own divorce - big mistake. It further sounds like you served your husband by certified mail and that someone other than your husband signed for the paperwork and you then filed an affidavit of service with a signature that was not your husband's and with no real personal knowledge that your husband received the paperwork. Basically, you committed quasi-perjury to the Court.- second big mistake that probally would not have happened if you had not made the first big mistake. Because your husband did not sign for the certified mail he will most likely succeed in his motion to set aside your divorce. Get an attorney before you muck this up any more than you already have.

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Answered on 1/19/12, 6:22 am

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