Befuddled&Vexed
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.
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.