Legal Question in Credit and Debt Law in Massachusetts
collection
If a creditor failed to provide discovery and a jusge dismisses the case..is it over?can they decide to sue me in the future for the same debt?
4 Answers from Attorneys
Re: collection
It depends if the dismissal was "with prejudice".;)
Re: collection
Quite possibly yes. It depends on several factors. Among them:
1) Was the complaint dismissed with "predjudice"? If "Yes", then it may be legally barred in the future.
2) Has the Statute of Limitations expired for filing a creditor claim? If "Yes", then the refiling of the law suit may be barred.
You may wish to seek a legal review of this matter by an attorney to evaluate all of your rights.
Re: collection
Quite possibly yes. It depends on several factors. Among them:
1) Was the complaint dismissed with "predjudice"? If "Yes", then it may be legally barred in the future.
2) Has the Statute of Limitations expired for filing a creditor claim? If "Yes", then the refiling of the law suit may be barred.
You may wish to seek a legal review of this matter by an attorney to evaluate all of your rights.
Re: collection
The case may not be over unless the judge dismissed it "With Prejudice" because the creditor may be able to file a motion to remove the dismissal if they can offer proper excuse for nonproduction of discovery.
Retain an attorney to evaluate your rights. Good Luck!
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