Legal Question in Civil Litigation in North Carolina

Re: How long does it take to set a court date?

That's a good question. I will assume it was not in small claims court (in which case you have already missed your court date, which would have been on the paperwork you received). What will happen with the case depends on the county and its procedures. In some counties, the case will just sit there forever until someone takes action. (If it sits long enough, e.g. 3+ years, you could consider filing a motion to dismiss for "failure to prosecute.") In most counties, however, there will be some "calendaring" process, whereby the case will receive a trial date, and you will be notified of that. (It may also appear on an "administrative calendar," at which a court date will be set.) In all likelihood, the case will not be simply dismissed, either by the Court or by the Plaintiff. You really need a lawyer in this matter, to examine the status of the case and to protect your rights. You may, for example, need to issue "discovery," and you may be well-served to pursue some motion, e.g. a motion for "summary judgment" if in fact the Statute of Limitations defense is strong. You are taking your chances by defending yourself. In most counties where there is an automatic calendaring process, a court date (i.e. a trial date) is not set for at least one year from the date of filing of the Complaint. (You also need to make sure that you have raised all of your defenses, and that you have properly responded to the allegations. You also need to consider, e.g., whether you want a jury trial, and whether the venue is proper. These are all issues for which an attorney is really needed.) I will also add that the defense of the statute of limitations is often quite complicated. E.g. in a case involving a debt, does the three year statute of limitations run from the date the debt was due, or the date on which a "demand" was made. This can get very complicated very fast.