My wife perjured herself in the affidavit for service by delivery. Is it now ethical to ask me to sign a waiver of service?

Asked over 1 year ago - Baton Rouge, LA

I have sent the firm my address more than once and they seem to be refusing to send the the paperwork unless I sign the waiver of service.. Its not the only place she perjured herself either... I am getting absolutely no co-operation. They won't even forward me a copy of what I sent them via the company website (where I gave them my address). I have caught her lawyer lying to me, and as in retailiation she accused me of threatening her because in the context of her socio-path client, I wrote 'be careful'.

Attorney answers (1)

  1. Jack Richard Lebowitz

    Pro

    Contributor Level 18

    Answered . You don't say what kind of case this is, or whether there are some wrinkles under the "Napoleonic Code" laws of Louisiana we Northerners don't know about, but, generally speaking, if your wife is a party in a lawsuit or proceeding against you seeking some claim or relief (like a matrimonial or family court case), she really shouldn't be serving you with papers.

    I would simply have your attorneys put in a counter affidavit saying you were not properly served and perhaps claiming perjury if your wife claims to have served you and she didn't. It isn't ethical to ask you to sign a waiver of service if you don't want to. You can fight the service as being bad, by either having been done by a party or not having been done. Of course, any relief would be temporary because you would just be reserved the proper way by a process server or even by mail if the rules allowed that, so it could be something of a temporary victory. Also, probably the Courts are not going to make a big deal about the perjury allegations, because it's kind of a "she said/he said" "your word against hers kind of unprovable allegation.

    Perhaps some Louisiana lawyer might have some ideas here if they aren't all at Jazz Fest :-)

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