fraud

[wolfie50]

What is the name of your state (only U.S. law)? Texas

I have received a notice from the court saying that my ex has asked for a default judgement of divorce. First I've never been served, although her lawyer claims I was, second state law requires 90 day residency in the county were filed and she barely had 60, so that statement is a lie. Finally, I'm classified as totally disabled by Social Security and unable to travel to any court hearings, and financialy destitute on fixed income. I was led to believe that any court proceedings must be in a jurisdiction that I can attend, not some court 150 miles away. Where do I get help, tried local legal aid and spent 3 hours on hold or getting hung up on. They only take in new clients in a small 4 hour window of time once a week. Should I write to the court and point out the false statements or contact the state police and file criminal charges for lying to the court.

 

[mistoffolees]

You can't simply write to the court. You need to file an appropriate, legal response.

I would start with a response that indicates that the court does not have jurisdiction and the matter should therefore be thrown out. Ex will have to prove that she lived there long enough to establish jurisdiction. You can also object on the basis of lack of service - and she will have to provide proof of service.

There is no requirement that the hearing needs to take place at a location convenient for you. Rather, the hearing needs to be in the court which has jurisdiction (which may work out to be the same thing, but the justification is jurisdiction, not your convenience). You MAY be able to appear by telephone - check your court rules.

Seriously, though, you should talk with an attorney before doing anything. Many attorneys will give you an initial consultation for free or at low cost.

Finally, what is she asking for in her default judgment? If what she's asking for is reasonable, then it may not be worth fighting.