Rules on changing from pro-se to attorney

North Carolina Divorce Law Divorce and Separation Answers
1

In a march support modification hearing requested on my behalf by DSS/CSE, ex appeared pro-se and requested a continuence to subpoena my income and day care documents, even though they were provided at the hearing.CSE calculated a substantial increase and ex is stalling.

DSS attorney told ex that there would not be any further continuence past the new date given regardless of whether or not ex had or had not subpoenaed any docs, or had received them or not.

Now I get a letter from an attorney that had represented ex in prior /closed cases demanding that I send her a copy of the subpoena I sent to ex’s employer as well as all documents I receive from that employer.

This attorney is also demanding “discovery” documents from me not limited to last 3 months income and day care receipts, is n’t that the wrong format, shouldn’t it be limited to subpoena of my employer or day care provider as was the reason for the continuence granted, and not a wholesale discovery like you see in an ED case ?

My questions:

  1. Doesn’t an attorney have to file a motion saying they are going to now represent a formerly pro-se client on a case and notify all parties ( liker me?) formally, if so what is that rule?

  2. Since this case was brought by DSS, should this attorney be in direct communication with me at all, excluding DSS ?

She is now saying if I don’t supply her with “discovery” she will motion for a continuence of the support modification hearing ??

2

The attorney’s letter to you is sufficient notice of his or her appearance in the case. If you have been served with discovery you must respond within 30 days of your being served.

Since DSS is involved in the case the attorney should served copies of all documents to DSS.

3

Problem is that the case number attorney put on request is NOT the pending case, it is an old closed case, so how could she compel compliance with it ?

DSS was not copied with any paperwork she claims to have sent to me either ?

I sent DSS a copy of her demand letter, will they respond to her, will they advise me of what to do ?

4

Would a letter to the attorney stating that I have not been served with any requests on any case PENDING in the court be sufficient as a response to their letter ?
Am I correct that any discovery or interrogatory request must be on a current and pending case to be valid ?

5

The incorrect case number is not proper, however you do have constructive notice of what they are requesting, and a judge may very well force you to comply.

I am not sure exactly how DSS handles these cases, but suggest you call the caseworker to get more information.