Notice of Hearing, Affidavit of Service needed? NC

[MXT23]

What is the name of your state (only U.S. law)? NC

I am in Gastonia, NC. I have been doing a pro-se, self serve divorce.

I sent out the notice of hearing via certified mail. Unfortunately my ex has kept missing the mail. This means without the green slip returned I am unable to file an affadavit of service.
- I filed the notice of hearing at the courthouse.
- She is well aware and has known the court date.
-I am unable to file affadavit of service without the green slip.

My question is, will I need that affidavit of service filed for the Notice of Hearing? I am 100% worried because the court date is coming up on the 30th and this is the second time I've mailed a notice of hearing to her, have been trying to get the return receipt since June.

 

[Ohiogal]

What is the name of your state (only U.S. law)? NC

I am in Gastonia, NC. I have been doing a pro-se, self serve divorce.

I sent out the notice of hearing via certified mail. Unfortunately my ex has kept missing the mail. This means without the green slip returned I am unable to file an affadavit of service.
- I filed the notice of hearing at the courthouse.
- She is well aware and has known the court date.
-I am unable to file affadavit of service without the green slip.

My question is, will I need that affidavit of service filed for the Notice of Hearing? I am 100% worried because the court date is coming up on the 30th and this is the second time I've mailed a notice of hearing to her, have been trying to get the return receipt since June.

Yes you need to prove service. If not, she doesn't know officially. You need to read the rules of procedure and see if you can have the court serve her by regular mail or whether you need to hire a process server.

 

[MXT23]

I just checked the court date and it's next week. Is it possible that she could write a notarized lettering from the state she is in saying that she is aware of the court date and the details on it. Would this satisfy the courts knowledge that she knows?

 

[Ohiogal]

I just checked the court date and it's next week. Is it possible that she could write a notarized lettering from the state she is in saying that she is aware of the court date and the details on it. Would this satisfy the courts knowledge that she knows?

Nope. You have the responsibility of making sure she is served.

 

[MXT23]

When you say it's my job to make sure she was served are you saying it's my job that she RECEIVES the notice of hearing or that I properly serve her.

NC has an option that says on the page: nccourts.org/forms/Documents/1111.pdf (NC Notice of Hearing PDF comes with a certificate of Service on the same page. Another person said when I signed it, I agreed to deposit it into the mail and I did exactly that).

I certify on this date (Jun 22nd) a copy of this noticed was served by: First class mail at this address shown above (dropped in mailbox, not received) (or) personally delivering a copy to the [petitioner].

That was the certificate of service attached to the Date of Hearing which I checked off, stamped sign.

My understanding is that the law requires she be served the Notice of Hearing, but that there is no requirement she send anything back. (Note: The Civil Summons and all that needed a green request and I had to wait 30 days upon receiving it and couldn't do anything, the Notice of Hearing is 10 days and came with a certificate of service attached).

I want/need to clarify with someone who is familiar because I am being told different things from different people I am asking, and not sure at this point which is accurate for this situation.

Do I need a return green slip and a separate affidavit of service or is the document I signed 'enough'?



If I had PERSONALLY delivered a copy to her as the option states I could do, then what proof would I have needed to say that I had done it? Or is that file I filed enough?

 

[Ohiogal]

When you say it's my job to make sure she was served are you saying it's my job that she RECEIVES the notice of hearing or that I properly serve her.

NC has an option that says on the page: nccourts.org/forms/Documents/1111.pdf (NC Notice of Hearing PDF comes with a certificate of Service on the same page. Another person said when I signed it, I agreed to deposit it into the mail and I did exactly that).

I certify on this date (Jun 22nd) a copy of this noticed was served by: First class mail at this address shown above (dropped in mailbox, not received) (or) personally delivering a copy to the [petitioner].

That was the certificate of service attached to the Date of Hearing which I checked off, stamped sign.

My understanding is that the law requires she be served the Notice of Hearing, but that there is no requirement she send anything back. (Note: The Civil Summons and all that needed a green request and I had to wait 30 days upon receiving it and couldn't do anything, the Notice of Hearing is 10 days and came with a certificate of service attached).

I want/need to clarify with someone who is familiar because I am being told different things from different people I am asking, and not sure at this point which is accurate for this situation.

Do I need a return green slip and a separate affidavit of service or is the document I signed 'enough'?



If I had PERSONALLY delivered a copy to her as the option states I could do, then what proof would I have needed to say that I had done it? Or is that file I filed enough?

As a party YOU CANNOT PERSONALLY DELIVER A COPY. You are in over your head. She needs served copies of the complaint and everything by certified mail. NOT regular US mail. You don't understand the legalities.

 

[MXT23]

Yes I did send by certified mail. No I did not deliver it personally. But I am saying that's what one of the Notice of Hearing files I have linked as an option. In any case.

I am aware that I can't send the civil summons and divorce papers to her 'personally', that was sent by certified mail return receipt requested as a sheriff was not available as she does not live in this state and an attorney I spoke to during a consultation said return receipt requested was a viable alternative so long as I had a proof of service. Which I did without problem. I did not deliver that personally.

I also did not deliver personally a copy of the Notice of Hearing which is a different beast altogether. Because an affidavit of service is already 'on' this form that I filed, it doesn't ask who is doing it, it just says I certify that I sent this by first class mail on the same file as the Notice of Hearing, which was stamped and approved and filed.

On that same day I went to the post office and I sent by 'certified mail' for the Notice of Hearing, not regular mail, and just in case I had a return receipt requested, but she has not been picking it up after repeated attempts to mail return receipt requested.

I am going to repeat that On the Notice of Hearing I filed there was a certificate of service on the bottom that clearly stated I was promising on that day to serve by first class mail and agreeing to do that. It was stamped by the clerk, and I sent by certified first class mail.

My question is do I need a second proof of service with that return receipt? Or is what was filed and stamped that had the service on it -enough-?

 

[MXT23]

Here's the thing:

1. I am supposed to set the court date
2. Then I am supposed to send out a notice of hearing AFTER setting the court date (which I did, I made 3 copies, kept one, filed one with the clerk, and took the 3rd copy to the post office and mailed on that VERY same day). I did this 10 days before the court date (20-30 days in advance actually)
3. She has managed to miss every time the letter has come to her, she is not getting it and I don't have the funds to hire someone to hand deliver to her. It's getting expensive to serve her out of state...
4. So if she is missing the delivery attempts, and if a local sheriff is not available, what do I do? The court date is ALREADY set. And I've been trying to send her certified mail for more than a month. Do I cancel the court dates AGAIN, and keep setting a new date until she gives me a return receipt? Do I request to post missing spouse via newspaper with court permission that my spouse is missing???? She lives in another state, so what next if she's dodging or simply not getting it? I understand that if this was the summons part that I'd have to go through all kinds of hoops to prove she's got it but this is the notice of hearing step, and court dates are already set.

I was informed that I don't have to cancel the court dates, that when I filed the Notice of Hearing I was making a promise to deposit that letter on the same day to her. I 'did' this. If she's not getting it or not picking it up then what can I do now? Just keep canceling and making new court dates until she gets it (since no matter what I do I will always have to set a court date and THEN file the notice of hearing and send to her, meaning if she doesn't reply I have to keep canceling)?

 

[Ohiogal]

Yes I did send by certified mail. No I did not deliver it personally. But I am saying that's what one of the Notice of Hearing files I have linked as an option. In any case.

I am aware that I can't send the civil summons and divorce papers to her 'personally', that was sent by certified mail return receipt requested as a sheriff was not available as she does not live in this state and an attorney I spoke to during a consultation said return receipt requested was a viable alternative so long as I had a proof of service. Which I did without problem. I did not deliver that personally.

I also did not deliver personally a copy of the Notice of Hearing which is a different beast altogether. Because an affidavit of service is already 'on' this form that I filed, it doesn't ask who is doing it, it just says I certify that I sent this by first class mail on the same file as the Notice of Hearing, which was stamped and approved and filed.

On that same day I went to the post office and I sent by 'certified mail' for the Notice of Hearing, not regular mail, and just in case I had a return receipt requested, but she has not been picking it up after repeated attempts to mail return receipt requested.

I am going to repeat that On the Notice of Hearing I filed there was a certificate of service on the bottom that clearly stated I was promising on that day to serve by first class mail and agreeing to do that. It was stamped by the clerk, and I sent by certified first class mail.

My question is do I need a second proof of service with that return receipt? Or is what was filed and stamped that had the service on it -enough-?

You need PROOF that she received it. You don't have it. You are totally over your head.

 

[MXT23]

So I want to update that I went to court today, and the judge granted my divorce. He said I didn't need a green receipt and that I just had to deposit it in the mail, everything went very smooth.

So maybe it's different in each state or maybe it's at the mercy of the judge. But it went well for me.