Legal Question in Civil Litigation in Massachusetts

Hi. Asked panel some questions before. I have a complicated law suit filed against me by Capital One. Daniels Law Office represented them, and have now gone out of business. They retained a new law office. They have not filed an appearance and I found out they represented them because they called me in February and claimed I owed $2,000 more than stated on Complaint. I filed a counterclaim for violation of FDCPA. New attorneys office has now filed Motion For Summary Judgment. How do I defend myself on a Motion For Summary Judgement. Do I respond or file an Answer?? Please help


Asked on 3/07/11, 3:19 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

I am representing another debtor in your same situation. Daniels Law Office is going out of business, and it has sent its files to other collection firms throughout the state.

Defending yoruself against a Motion for Summay Judgment is not simple. You will need to prepare an Opposition to their Motion for Summary Judgment and argue in Court that there are issues of material fact that can only be decided by a fact-finder. You should hire a lawyer, or you may risk losing because you do not understand what is happening.

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Answered on 3/07/11, 3:43 pm


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