He wont sign for legal papers


#1

I sent via US mail (certified with a signed confirmation) 3 motions to my ex and he wouldn’t sign for it nor claim it at the post office. One was for a Motion to Modify Child Support, another for a mediation for a Motion to Modify Visitation and the other was a counterclaim to change my name back to my maiden name tagged onto the divorce. The mediation is scheduled for September 10th. What do I need to do to let him know about this? What are the legal ramifications of him not getting these motions or attending the mediation and court date? Neither one of us is using an attorney this time around.


#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 motions and counterclaim via regular first class mail to the last address of record.


#3

What will happen when he claims he never got
Them? Will the mediation be rescheduled? Will he be fined?


#4

I think that what happens with mediation would vary based on the county you are located. As for the hearing, assuming you certify that you mailed it to the address he has on record with the courthouse, and that you served him with notice, he would have received proper notice of the hearing, and the hearing should proceed regardless of whether he is there.


#5

It will be in Mecklenburg County. As far as mediation goes, you cannot mediate with one party there. I’m having to fly to Charlotte to do this. If he doesn’t show and claims he never got the papers (even though I sent them certified and have proof that the USPS tried to deliver and left a notice), will the mediation have to be rescheduled and can I get him to reimburse me via the courts because he was a no show?


#6

If you live more than 50 miles from the courthouse, you can file a motion to waive mediation. http://www.nccourts.org/Forms/Documents/292.pdf

Whether the mediation office requires you to reschedule is at their discretion.

If he doesn’t show up, you may be able to file a motion for contempt or for an order to appear and show cause for his failure to attend the mediation, but whether the judge orders him to pay your expenses is at the discretion of the court.