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Wrong Date on Summons

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New member
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.


Senior Member
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.


Senior Member
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.

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