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

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'.

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Attorney answers 1


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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Sorry, I completely screwed up the question. Her affidavit for service by PUBLICATION was perjured. I can easily prove that we were in contact continually by phone, and text before the hearing and after. She stated she had no contact with me at all since last year. I was in the hospital for 5 months (until March) and continue to be in treatment. My wife basically didn't tell me she filed, and lied to the judge to get the service buried in a newspaper in a different time zone. THEN, her lawyer asks to have me sign the waiver of service after I informed her that her client perjured herself. Had I signed the waiver the perjury would no longer be material, and no charges could be filed. Doesn't the attorney have a responsibility to the court to report the perjury and not try to cover it up?