A friend of mine was “served” today (private person - license plate read Beenserved (sp) with a Motion to Modify several things in their existing 2006 custody case. Red flags are already waving for me as (1) the motions were NOT file stamped and (2) there was NO hearing date on the motion. My gut says that this was a stupid mind game move and that he will be properly served within the next several days so he isn’t just disregarding this activity today.
My question is…how does one respond to a Motion? I know that Complaints get Answers and often Counter-claims but am unclear on a Motion. Secondly, the other party to this action has included blatant incorrect facts as a basis for her motion. Is there an appropriate response or does my friend need to just proceed with gathering all of his evidence & witnesses in support of his side and be prepared for a hearing date in the next several months? (The calender for Guilford County is already out through mid-September).