Legal Question in Credit and Debt Law in Massachusetts
court dismissal
i went to court for a collection. the judge set a return for 5 months we sent the agency a letter for discovery.they never we answered theirs. the day came for court and the defaulted, the case was dismissed. they keep sending me letters and making phone calls still trying to collect. even after i told them they defaulted do i still owe them
2 Answers from Attorneys
Re: court dismissal
I'd have to know more facts;)
Re: court dismissal
If the case was dismissed without prejudice, that means that they could potentially bring suit against you again. However, they will have to file before the running of the Statute of Limitations. Furthermore, if they couldn't effectively prosecute the matter the first time, they probably will not be able to prosecute it a second time.
If the case was dismissed with prejudice, then they may not bring suit on the same contract, transaction, or occurrence again.
As to your question whether you ower the money: if you owe the money, then you owe the money. However, you may be able to "avoid" the obligation.
It sounds as though you have an attorney. You should work with him or her on this.
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