Making a hearing date


#1

I served my ex by restricted return receipt and I have gotten the green card back. I typed up the affadavit and will get that notarized. Is notarized affadavit and green card all I need to bring with me to Wake County to get a hearing date?

He was served on 3/15. Is it OK for me to go make the hearing date before his 30 days are up as long as the date I make the hearing for is after 30 days has passed?

Also, is there a time limit? Like can I make the hearing date for early or late May if that’s what works best with my schedule or is that past a time limit?

I tried to call Wake County Court several times for these answers, but each time I am left on hold for over 20 mins and nobody answers. I am coming from out of state which is why I can’t just go get it done in a timely manner.


#2

You will need to file the affidavit of service to prove the date your ex was served. You must wait 30 days after the date of service to set the date. If no response is filed you may file a motion for summary judgment and schedule the hearing.