Q: Do we have to show up for court if we were not properly served? We live in FL and the ex-wife lives in NC?
My husband and myself currently reside in FL. Our mail lady delivered a certified envelope but tore off the green card and just stuck the mail in our mailbox. I contacted the post office and they apologized and was reaching out to the company to explain they would need to mail a new one out due to the violation of the carrier. Next we received a regular letter stating this is a memo and we need to be in court in December in Cabarrus County for court. My question is do we have to show up to court since we have not been properly served? My husband's ex is suing for his military retirement and TSP from a separation agreement back in 2015. They received an absolute divorce however the separation agreement was not mentioned in the divorce paperwork. Nothing in the separation agreement was ever followed and my husband moved out of state on orders in 2017. Can we fight this, and can we wait till we are properly served? Since we are in FL it is hard to take off work and get the kids out
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