Legal Question in Credit and Debt Law in Massachusetts

Motion for Judgement on the Pleadings

A law firm is attempting to collect a credit card debt from my wife and me. They did not show up for a Case Management Conference on 1/27. We rescheduled for 2/27 because my wife was going out of town for two weeks. Knowing this, the attorney filed a Motion for Judgement on the Pleadings for 2/10. My questions are: Does the law firm have to be licensed in MA to collect a debt? Does my wife, who is the named defendant in the documents, have to be present for the 2/10 hearing or can I represent her?


Asked on 1/28/09, 7:36 pm

2 Answers from Attorneys

JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Motion for Judgement on the Pleadings

Any person who renders legal advice (any representation which affects another person's legal rights with respect to a specific situation) to another or acts in a representative capacity before a tribunal on behalf of another is engaged in the practice of law. As such, that person must be licensed by the highest court of that jurisdiction. Thus, the lawyers attempting to collect a debt on behalf of the credit card company must be licensed to practice within the Commonwealth of Massachusetts. Inosfar as representing the interest of your wife before a tribunal, query whether it would constitute the unauthorized practice of law.;)) Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.

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Answered on 1/30/09, 9:14 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Motion for Judgement on the Pleadings

If you are not a named party, you may not represent your wife. Only a licensed attorney can represent another in court.

You probably should have moved to dismiss the case when opposing counsel failed to show up for a case management conference.

I'm assuming that you filed an answer to his complaint which did not deny that you owe the money, and for that reason he is seeking a judgment based on the complaint and your answer alone. You now need to file an opposition to the plaintiff's motion for judgment on the pleadings.

Litigation is complicated, and they will walk all over you. You need to hire an attorney right away, or you risk losing the case and owing the full amount they are asking.

Please do not hesitate to contact me should you have any further questions.

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Answered on 1/28/09, 9:41 pm


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