Legal Question in Credit and Debt Law in Georgia
i just received a 'notice of peremptory calendar' from an old credit card that was not paid-- at least 4-5 years old. what should i expect? do i go? it states 'no further notice will be given and failure to show cause otherwise will result in dismissal of the case. should i go? if i dont, what will happen? if i do go, what will happen?
2 Answers from Attorneys
A peremptory calendar is one that is set where a case has lingered longer than the judge wants it to. If you do not show up and the other side does, you WILL lose. If you show up and they do not, they will likely lose. Why have you not yet retained a lawyer? That is needed, as if they show up and you show up, they will have one, and you will almost certainly lose because you have no legal training.
I agree with Attorney Ashman in large part. If they show up and you either don't show up or show up but don't have a lawyer, things will probably not work out to your benefit.
However, if you are getting a calendar call notice, it means that you have been sued. Did you file an answer to the complaint? Your time for doing that now has probably expired.
The statute of limitations does not apply here - as long as the lawsuit was filed before the statute elapsed. However, perhaps a lawyer could make an argument on your behalf if the statute has now expired. I have not researched this issue so I am not sure how the courts would look at a case which was timely file but which lingered on the docket for 4 years with no action.
If I were you, I would go to the county where the action is pending and make a copy of the file - get the complete summons and complaint, including the return of service and any attachments to the complaint, as well as any other documents that were filed along with the calendar notice you received and take it to an attorney who practices in the county where the action is pending. You want a lawyer who specializes in credit card defense.
If money is tight, you may not want to spend money on attorney's fees. How much is owed on the debt? Do you have at least 40% of that? Who is the creditor suing you? The law firm representing? If you have the money, the opposing law firm may just be willing to settle this and save themselves further headaches by litigating. However, you should consider this only after you have talked to an attorney and allowed him/her to review what you have.
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