Legal Question in Civil Litigation in Georgia

To Motion or not to Motion and when

My situation is basically, I recieved a Calendar call notice from the court clerk for a lawsuit filed against me. The date is coming up in a week. Had it not been for the notice I would not even know about this suit. I was never served a summons or complaint. There is not a judgemnt, no trial date yet, no appearences or communication of any kind between myself and the court or myself and the plaintiff. My thought is to file for Motion to Dismiss. If I pull the case file at the clerks office will this damage my Motion in any way once I now have the complaint in hand? will the motion be done in time? will it put off any other court dates until it is dealt with? what if they say they did serve me when no they really did not? Can I go pro se and then ask for an attorney anytime in the process if I decide I need one? thank you to anyone who can help.


Asked on 4/02/06, 3:57 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: To Motion or not to Motion and when

No one can tell you what to do because no one here has seen the pleadings or knows anything about the case. The only common sense option for you is to get a lawyer now. If there is a basis for dismissal, the lawyer will know what to do. On the other hand, if you try to do it yourself, and do it wrong, your defenses may be waived. Looking at the file at the clerk's office will have no effect on your case.

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Answered on 4/02/06, 8:00 am


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