We have been in court for almost three years now on an ED case. I am now Pro Se. The judge filed an amended judgment last Friday after my ex’s rule 59 hearing. The judgment was horrible with me overpaying around $27,000 to my ex, misidentifying the parties, inconsistencies in who pays how much. I have filed a motion to correct, based on 52B, 59E, 60AB. Is this correct?
I emailed it to opposing attorney and the judge and court clerk. I have also mailed through USPS a hard copy overnight express, return receipt for the file.
My question is…do I sit and wait to see if the judge agrees to hear my motion or do I calendar the hearing myself now? What is my next step please.
I had an attorney but couldn’t afford to keep paying after the first judgment. The Judge doesn’t answer my questions. He’ll send by email a proposed judgment, I respond with my concerns but I never hear back from him. Is this normal? We have been corresponding mostly by email because I live in Mississippi. This case is being heard in Forsyth County, NC where we lived for 15 year. He still lives there and I’m feeling like the judge is definitely siding with my ex on all aspects of this case including ignoring me because I am Pro Se and out of state. Do I calendar the motion or does the judge have to accept it somehow first?
Yes, you filed the appropriate motions to amend errors in a judgment assuming you timely filed the motion. However, you should mail (regular mail) filed hardcopies with a filed certificate of service. Email is not a proper method of service.
You will have to calendar the motion. The judge or clerk’s office will not do this. Be sure to call the clerk’s office for available dates and file a notice of hearing, certificate of service, and any other local forms required by Forsyth County to schedule a court date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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