How do I confirm the hearing date and time for my surplus funds case with the clerk’s office? – North Carolina

Short Answer

In North Carolina, surplus funds disputes are typically handled as a special proceeding before the Clerk of Superior Court. The most reliable way to confirm the hearing date and time is to use the case number (or the foreclosure file number tied to the surplus) and check the official court record, then verify any recent changes by calling the civil/special proceedings staff in the Clerk of Superior Court’s office for the county where the file is pending. Because hearing dates can be continued and reset, confirmation should happen shortly before the scheduled hearing.

Understanding the Problem

In North Carolina, can a person who filed (or plans to file) a surplus funds special proceeding confirm the date, time, and location of the hearing set by the Clerk of Superior Court? What happens if the hearing date changes after a filing, and what information must be used to make sure the correct hearing is identified in the clerk’s system?

Apply the Law

When foreclosure sale proceeds create “surplus” money that gets paid into the Clerk of Superior Court’s office, a person claiming those funds may start a special proceeding to determine who is entitled to the money. The Clerk of Superior Court is the main forum for these matters at the start, and the clerk’s office maintains the official record that shows settings like hearing dates, continuances, and transfers. In related foreclosure proceedings, North Carolina law also recognizes that a scheduled hearing can be continued to a new “date and time certain,” so it is important to confirm the most current setting in the official record rather than relying on older paperwork.

Key Requirements

Correct file identification: The clerk’s office must be able to locate the correct case or special proceeding file, typically by file number (and sometimes by foreclosure file reference).
Check the official record for the current setting: The controlling hearing information is the most recent entry in the court record (including any order of continuance resetting the hearing).
Confirm changes close to the hearing: A hearing may be continued and reset to a specific new date and time, so a last-minute confirmation helps avoid showing up for the wrong setting.

What the Statutes Say

N.C. Gen. Stat. § 45-21.31 (Payment of surplus to the clerk) – Explains when surplus is paid into the Clerk of Superior Court’s office after a foreclosure sale.
N.C. Gen. Stat. § 45-21.32 (Special proceeding to determine ownership of surplus) – Authorizes a special proceeding before the clerk to decide who is entitled to surplus funds and allows transfer to superior court for trial if factual issues are raised.
N.C. Gen. Stat. § 45-21.16 (Notice and hearing; continuances) – In the foreclosure hearing context, recognizes the clerk’s authority to continue a hearing to a new date and time certain when service is not completed or timely.

Analysis

Apply the Rule to the Facts: No case-specific facts are provided, so the practical approach is to confirm the hearing setting using a single constant: the file number. If the file exists and a hearing has been scheduled, the current date/time should appear in the official case record maintained by the Clerk of Superior Court. If an earlier notice shows one date but the record later shows a continuance or new setting, the record controls and the clerk’s office can confirm the updated setting.

Process & Timing

Who checks: Any party/claimant (or their attorney). Where: The Clerk of Superior Court in the North Carolina county where the surplus funds file is pending (often the county where the foreclosure sale occurred and the surplus was paid in). What: Confirm the “hearing date/time” shown on the court record for the special proceeding (and any order of continuance). When: Confirm once when notice is received and again within 1–3 business days before the hearing because continuances can reset the date and time.
Information to have ready: The special proceeding file number (preferred), related foreclosure file number if known, the names of the parties, and the property address used in the foreclosure file.
What confirmation should include: The hearing date, start time, location (courthouse/room), whether the hearing is before the clerk or has been transferred to the civil issue docket of superior court, and whether any new notice/order has been entered.

Exceptions & Pitfalls

Mixing up file types: A surplus funds dispute may have its own special proceeding file even though it relates to a foreclosure; confirming the wrong file number can produce the wrong hearing information.
Assuming the notice never changes: Hearing settings can change due to service/notice problems or scheduling; an earlier paper notice may be outdated.
Transfer to superior court: If an answer raises factual disputes about ownership, the case can move to the civil issue docket for trial, which may change where and how the next setting appears on the calendar.
Last-minute confirmation not done: Not re-checking shortly before the hearing can lead to missing the correct time or appearing at the wrong location within the courthouse.

Conclusion

In North Carolina, surplus funds disputes usually start as a special proceeding before the Clerk of Superior Court, and the official court record in that file controls the current hearing date and time. Because hearings may be continued and reset to a new date and time certain, confirmation should be done using the correct file number and rechecked shortly before the scheduled appearance. Next step: confirm the current setting by checking the file with the Clerk of Superior Court in the county where the surplus funds proceeding is pending within 1–3 business days of the hearing.

Talk to a Surplus Funds Attorney

If a surplus funds case is pending and the hearing date or time is unclear, an attorney can help identify the correct file, confirm the current setting, and make sure the process is followed in the right forum. 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.