North Carolina
I've been trying to serve my ex a summons to appear in SCC so that I can retrieve some things I have on her property that she is denying my access to. My first attempt was through the Sheriff's department, and when I showed up to court, of course she wasn't there. The magistrate told me she hadn't been served. How was I supposed to know this? Anyway, a lawyer recommend I send the next summons certified mail with receipt of signature. So that's what I did. After reading around this site I see where I should have also sent one with delivery confirmation. So far I haven't received my green slip back showing where she signed for it, so I fear she will be a no show again. I did however receive some texts from her the other day with her saying by the time she went to the courthouse to get her summons the first time, it was too late, and they told her she didn't have to appear. She also stated in the same texts that she received the note from the mailman to come to the post office and pick up her certified letter, and that she would do it soon (several days ago). My question is, would these text messages interest the magistrate when I appear in court since they prove she obviously knows she has a summons waiting for her, but refuses to pick it up? If not, what can I do?
Thanks
Wes
I've been trying to serve my ex a summons to appear in SCC so that I can retrieve some things I have on her property that she is denying my access to. My first attempt was through the Sheriff's department, and when I showed up to court, of course she wasn't there. The magistrate told me she hadn't been served. How was I supposed to know this? Anyway, a lawyer recommend I send the next summons certified mail with receipt of signature. So that's what I did. After reading around this site I see where I should have also sent one with delivery confirmation. So far I haven't received my green slip back showing where she signed for it, so I fear she will be a no show again. I did however receive some texts from her the other day with her saying by the time she went to the courthouse to get her summons the first time, it was too late, and they told her she didn't have to appear. She also stated in the same texts that she received the note from the mailman to come to the post office and pick up her certified letter, and that she would do it soon (several days ago). My question is, would these text messages interest the magistrate when I appear in court since they prove she obviously knows she has a summons waiting for her, but refuses to pick it up? If not, what can I do?
Thanks
Wes