Can the hearing be scheduled in the afternoon or held remotely if I can’t attend in person? – North Carolina

Short Answer

Sometimes. In North Carolina, many hearings about foreclosure-related funds are scheduled by the Clerk of Superior Court, and the clerk has discretion to set the time and manage the hearing. A party who cannot attend in person can ask for an afternoon setting, a remote appearance, or a continuance, but approval depends on the county’s procedures and the clerk’s decision.

Understanding the Problem

In North Carolina surplus funds matters, a hearing may be set before the Clerk of Superior Court to decide who is entitled to money being held by the clerk after a foreclosure or other sale-related process. The decision point is whether the clerk will allow the hearing to be set in the afternoon or allow attendance by phone or video when an in-person appearance is not possible. The practical issue is that hearing schedules and remote appearance options often depend on the county and the clerk’s calendar.

Apply the Law

Under North Carolina law, surplus funds disputes can be handled through a special proceeding before the Clerk of Superior Court to determine who is entitled to money paid into the clerk’s office. The clerk controls scheduling for matters heard in the clerk’s office, and the clerk can also continue (reschedule) a hearing when required by notice problems or when good cause supports more time. North Carolina statutes for foreclosure hearings require that the notice include a specific time and place for the hearing before the clerk, and they set minimum notice periods; those timing rules can limit how quickly a hearing can be moved once a date is already set.

Key Requirements

Proper forum: The matter is handled through the office of the Clerk of Superior Court (and, if factual issues are raised, it can move to Superior Court for trial).
Notice and minimum lead time: When the law requires a noticed hearing before the clerk, the hearing date and time must be stated in the notice and served far enough in advance.
Good cause for changes: Requests to change the time, appear remotely, or continue the hearing generally need a clear reason and should be made early enough to avoid violating notice requirements or disrupting the clerk’s calendar.

What the Statutes Say

N.C. Gen. Stat. -339.71 (Special proceeding to determine ownership of surplus) – Allows a special proceeding before the clerk to determine who is entitled to surplus funds held by the clerk and explains what happens if factual issues are raised.
N.C. Gen. Stat. -21.16 (Foreclosure notice and hearing) – Requires a notice of hearing stating a time and place before the clerk and generally requires service at least 10 days before the hearing; also addresses continuances when service is not timely.

Analysis

Apply the Rule to the Facts: No specific facts are provided, so consider two common scenarios. If a claimant in a surplus funds special proceeding cannot attend in person due to travel, work, disability, or medical reasons, the claimant can ask the Clerk of Superior Court to set the hearing later in the day or allow a phone/video appearance, but the clerk’s ability to do that depends on local practice and whether other parties still receive proper notice. If the hearing has already been noticed, changing the time or format at the last minute can create notice problems, so a continuance to a new date and time (with updated notice if required) is often the cleaner solution.

Process & Timing

Who files: The party who cannot attend (or the party’s attorney). Where: The Office of the Clerk of Superior Court in the county where the surplus funds are being held or where the underlying proceeding is pending. What: A written request/motion asking the clerk to (a) set the hearing in the afternoon, (b) allow a remote appearance, or (c) continue the hearing to a new date and time. When: File as early as possible after receiving the hearing date so the request can be considered without disrupting notice requirements.
Notify the other parties who have made claims to the funds (or their attorneys) and confirm whether they consent to the change. Even when a clerk can allow remote participation, clerks often expect notice to all parties and may prefer a written order setting out how the hearing will be conducted.
Attend the hearing in the format authorized by the clerk (in person, by phone/video, or on the continued date). If the clerk denies a remote request and the party still cannot attend, the party should be prepared to request a continuance and explain the reason clearly.

Exceptions & Pitfalls

Some counties allow phone/video appearances only in limited situations (for example, short administrative matters), while others require in-person testimony for contested evidentiary hearings.
Waiting until the day before (or the day of) the hearing to request a time change or remote appearance can lead to denial, especially if other parties traveled or the clerk’s docket is full.
Changing the hearing date or time without confirming what notice is required can create service problems; in noticed matters, the clerk may require a formal continuance to a new “date and time certain” and may require notice to other parties.

Conclusion

In North Carolina, the Clerk of Superior Court generally controls the hearing schedule in surplus funds-related matters and may allow an afternoon setting, a remote appearance, or a continuance when there is good cause and the change does not create notice problems. When a hearing requires advance notice, the timing rules often mean a last-minute change is not practical. The next step is to file a written request with the Clerk of Superior Court as soon as the hearing date is received.

Talk to a Surplus Funds Attorney

If a surplus funds hearing has been set but an in-person appearance is not possible, our firm has experienced attorneys who can help explain options for requesting an afternoon setting, remote participation, or a continuance and help manage notice issues. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.