Legal Question in Family Law in North Carolina

Re: Motion to Set Aside Court Order

We do not have all of the facts necessary to fully answer the question, but in general you seem to be behind the eight ball in this one. Technically speaking, you could file a Motion for Relief under Rule 60(b) of the Rules of Procedure. This would ideally require a Verified Motion or a Motion and an Affidavit, specifying the grounds for the relief (i.e. that you did not receive the Order in sufficient time to respond). The matter would also have to be calendared for hearing and argued before the District Court Judge. It could be handled pro se (i.e. without an attorney), but you would be in a much better position with an attorney on this one. Also, a Rule 60 ruling is usually "discretionary," and so the decision that is made is probably final. You could of course at the appropriate time file an Appeal to the Court of Appeals, but this is a complex and lengthy process, especially for a pro se litigant. If you really want to pursue or preserve your counter-claim, you probably need to find the money to hire an attorney. If not, you can give it a shot yourself.