Wrongfully subpoenaed


My girlfriend file papers 2 months ago for child support against her ex-husband. The court date was today. Last week while picking up the children the ex said to my girlfriend "you should be getting something in the mail. As of 5pm today we still didn’t get it. On Sunday (3 days ago). He asked if we had gotten anything and we have not so he handed her a copy of two subpoena. One for me and one for her to appear today. This was odd because she already turned in ll the documents he requested from her. From me he requested a lot of documents relating to my income and bills. I am guess since we live together, he was trying to add my income to her’s so he can play less (which he cannot do so it did not work).

Anyway, I copied everything he wanted and sat in court today. This case was the second to last on the list. I got there at 8:30 like it said and stayed until 12:30. Today I was suppose to work over time and was unable due to the subpoena I got Sunday for today. I got someone to cover me so that time and money is now gone. didn’t mind so much losing the almost $300 from work until the judge asked him to call any witnesses and he state he did not have any. So I was never called.

In NC the back of the subpoena talks about the judge can make the person whom requested the subpoena responsible for lost wages if there is not made a reasonable effort not to cause unjust harm to the witness.

To me, having me come to give documents that have nothing to do with the case but then never calling me is not reasonable steps. So the kicker is the subpoena was signed by him and not filed through the court (which I didn’t know until the court told me today) so I did not have a chance to talk to the judge.

Ok so my question. Can I take him to small claims court for my lost wages and is there any chance of winning?

Unfortunately this forum is designed to answer questions related to divorce; small claims questions are outside the scope of the forum.