Wrong Date on Summons

[Befuddled&Vexed]

What is the name of your state? North Carolina

Plaintiff files complaint for 50C No-Contact order on 12-5-19. Defendant (me) can't be served due to working 60hrs week. Case is continued two more times. Service is finally completed on 1/11/20 with a court date of 2-7-20. Defendant and plaintiff both appear in court today, judge says this case isn't on her docket and asks to see paperwork. Plaintiff says she came to court on 2-4-20, but never heard her name called, so she left. Judge looks at defendant's summons and says it isn't stamped by the clerk, that there is white-out on the court date, which clerks don't do, and they don't hear 50C cases on Fridays, only Tuesdays. She was the judge on Tuesday 2-4-20, called both parties. Since neither party was present, the case was dismissed.

What is the process in NC courts when a case is continued and the plaintiff is issued a new court date? Is a new summons with the new date issued? Do they scratch out the old date and write in a new one? Does the Plaintiff take the summons to the sheriff for service from the courtroom?

I'm suspicious that the plaintiff changed the date on my summons so that I wouldn't appear on the correct date and she would be awarded the order.

 

[quincy]

You should call the court to verify the correct date for the hearing. In the meantime, because you know a no-contact order is being sought, do not have any contact with the plaintiff. You would be smart to have an attorney with you at the hearing - and I recommend you contact one now.

 

[Befuddled&Vexed]

As I said, the case was already dismissed....three days before the date on my summons.

 

[quincy]

I thought you said there was a continuance and a new hearing date was to be scheduled. If the case was dismissed, there needs to be a new complaint filed and a new summons served - but I recommend you check with the court on the status of the case, especially since you think the plaintiff might be playing games.