Attorney won't receive motion


#1

What happens if I file a motion for contempt, send it certified, and the opposing party’s attorney will not sign to receive it?


#2

You do not have to send it certified. You can refer to Rule 5 of the rules of civil procedure here:
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_1A/GS_1A-1,_Rule_5.html

It is sufficient if you send the motion via regular first class mail to the last address of record. If he is still represented, I would send it to both his and his attorney’s address.


#3

Also, if you’re attempting to proceed in court on your own then you will find Rosen Online a useful resource.

You can find more information about Rosen Online here:

http://www.rosen.com/online/

Please let us know if you have any other questions.


#4

Also, we have a webinar on DIY legal representation coming up Thursday afternoon. You can register here:


#5

Thank you for the replies. I wish I had checked back sooner, I missed the webinar. I do have more questions.

The attorney in question is in fact NOT the ex’s attorney on file. I have found that this attorney, since he is not the attorney on file/attorney on record, cannot depose myself or my wife, nor can he send a discovery request.

Is this true?

If this is true, is my wife able to file harassment against the attorney or my ex wife? There have been many requests for intimate details of my wife’s life and belongings, as well as private information about her children. While I understand that I have to deal with my ex wife, my wife is not a party to the case and should not be made to feel she has to open her private life to these people. We feel she has been harassed (and myself as well) by my ex and the attorney she claimed was her legal representative, and it has caused my wife undue stress and anxiety.


#6

If an attorney has filed a pleading, such as a notice of deposition or discovery requests, he or she is now the attorney of record (or one of the attorneys of record). I’m not quite following your question about harassment, but if custody is at issue, your wife’s lifestyle may very well be relevant.


#7

Then I am at a complete loss. If this IS supposedly her attorney of record (he has never filed such a notice). He has filed motions and notices for her, appeared for her, yet he will absolutely NOT receive our motions. Even when served by the sheriff.

As for my wife, her lifestyle may be relevant, but she has a right to privacy too, when it comes to her personal diaries, and her own children, am I not correct?


#8

I stand by my previous post. You do not have to serve the party or the attorney via sheriff. Send first class mail, postage prepaid.

If your wife has concerns about her deposition, she should consult with an attorney.


#9

Is there any chance anyone from your firm would do a free consultation? We would have an attorney if we could afford one, but we do not have as much free time on our hands and free money coming our way as the opposing party. Every dime and every minute goes into raising our children.


#10

We do not offer free consultations, but if cost is an issue, you should contact Legal Aid of NC to see if they can offer you assistance.


#11

Will do, thank you.