Legal Question in Consumer Law in Massachusetts

How much is the deposit? Do you have a valid claim? If you have a valid claim, you likely don't want to drop it, especially if the deposit is signficant. That said, if you want to drop the suit, only do so in exchange for the defendant dropping the counterclaim. A stipulation of dismissal with prejudice can be prepared and filed. I am sure the attorney on the other side would be happy to draft one. However, if you have a valid claim but still want to drop the suit, you may want to see if you can settle the matter with a return of a portion of the deposit, before dismissing it outright.

Retain an attorney because once the answer and counterclaim was filed you can not dismiss your claim without the assent of the defendant and dismissal of your claim alone will not dismiss the counterclaim unless a settlement is negotiated. Good Luck!

I agree with both of the above attorneys.

My suggestion is to schedule a consultation and have your case evaluated before you 'give up'. If you decide that you want to be rid of this lawsuit, make sure that you agree to resolve all issues, claims, and counterclaims. To answer your specific question, your case is at a point procedurally such that you cannot dismiss the lawsuit without the permission of the other attorney.

Please feel free to contact my office if you would like to schedule a consultation.

Now you both need to dismiss the action.

If this is really what you want?

The lawyer did not file a counterclaim on his own but on the behalf of his client.