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How to find out if warrant was served?

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K

KRSMom

Guest
What is the name of your state? NC

My husbands ex-wife was supposed to have a warrant served on her by a retail store for forging checks--is there a way we can find out if she ever got served?
 


H

hexeliebe

Guest
At the risk of being the object of more of your unfounded wrath, you can call the county courthouse where the charges were supposed to be filed. They will have a copy of the case file and if service is provided, a copy of the summons with the process server's affidavit of service.
 
K

KRSMom

Guest
Thank you very much for that info--see, we can get along if we want too.

Are these records public information? Can anyone find out this information? I called the sheriff's office and she said she couldn't tell me if it was served unless I was the one who had it served.

Thanks again for the nice reply!
 
H

hexeliebe

Guest
If you know the store who brought the suit, the process server who served the summons or the plaintiff and/or defendant, it will be easier.

In this case I would suggest going in person to the court clerk's office and asking them to perform a search for any actions with the name "Smith" (or such) in the last 30 or so days.

If they find anything it will be a case number. They will pull the associated file and all the paperwork will be in there.

And yes, it is public records. It will probably cost $1 a page to copy.
 
K

KRSMom

Guest
Thanks again! I did one of those internet searches (that cost a fortune) and found out that in Jan she was served a warrant for a misdemeanor (sp?) larceny. What exactly is that? We know that this time she stole a book of checks from my husbands mother and forged all of them in 2 weeks time. Isn't larceny stolen goods? Wouldn't forgery be a felony? It was about $1500.00 worth of checks she wrote.

Also, will the court take into consideration that she is a mother and go easier on her? My husband is fully capable of having the kids and raising them if need be.
 
H

hexeliebe

Guest
I can't give you the legal definition of Larceny because it varies slightly with every state.

As for the charges being a felony, that's up to the District Attorney. It looks like he's only charging for the theft of the checks, not for writing bad checks. Did your mother-in-law file charges? Did she honor the checks? This makes a difference.

As for custody, that depends on a lot of factors. Usually, (remember the last post) one mistake will not alter a custody order but could pur restrictions on it. But the two are separate incidents and to get the charges brought up in family court is a very dangerous proposition.

Most judges see these kinds of things every day and unless it harms the child in some way, they usually don't give a damn.

But you can still bring it up in a modification of Custody hearing.
 
K

KRSMom

Guest
My mother-in-law did not press charges. The bank gave her the money back and the stores (Walmart and Food Lion) were the ones who were supposed to prosecute. One of the stores, not sure which, made my mother-in-law watch a video to identify the person writing the checks. My mother-in-law did not want to be involved in the prosecution process because of the grandchildren.

If she were to serve any time--I guess you couldn't really tell me if she would even get any time for this--can you? Would my husband be able to get his children for that period of time? Who else would be able to care for them?

I guess I really should apologize for getting nasty with you on the board--I guess I got carried away with trying to stick up for someone I don't even know! You have been a big help to me on this post.

Will the court person at the court house need to know why I want a copy of those records?
 
H

hexeliebe

Guest
Will the court person at the court house need to know why I want a copy of those records?
No, it's none of their business and it's public record.

If she were to serve any time--I guess you couldn't really tell me if she would even get any time for this--can you? Would my husband be able to get his children for that period of time? Who else would be able to care for them?
That would be up to the court, but his being the biological father, he would be first in line. It's not up to the ex to tell the court who the children would stay with IF she were to go to jail.

But when she gets out, and in the absence of an amended custody order, she will get the children back.

I guess I really should apologize for getting nasty with you on the board--I guess I got carried away with trying to stick up for someone I don't even know!
So? That was in the past. Besides, I'm an *******...and I LIKE IT!
 
K

KRSMom

Guest
Well I apologize anyway! And you are entitled to be an *** or whatever it was you said you were if it makes you happy!

Thanks once again for all the info you provided.
 

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