Legal Question in Family Law in North Carolina
My boyfriend's ex-wife continually sues him trying to get more money even though every case has been ruled in his favor. Most recently he received a notice, not a summons, to appear in court in North Carolina (he moved to Virginia within the last year) for mediation regarding the ex-wife's student loans that she took out when they were married. She never received a degree and it never benefited the marriage. Is he legally obligated to appear in court even though he did not receive a summons? Also, he has spent over $50.000.00 in legal fees during and since the divorce and no longer has the means to keep hiring attorneys every time she takes him to court. Does he have any recourse to put an end to these frivolous suits?
1 Answer from Attorneys
A summons is only used to start a new lawsuit. A "notice of hearing" is used when a motion is being heard. If he does not show up, the judge will only hear her side and will possibly rule against him. The only way to have his side heard by the judge is to show up for the hearing. Preferably with a lawyer.
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