Legal Question in Civil Litigation in Massachusetts

Judge of Dismissal

I reasonally filled a counter suit again a company here in Massachusetts. On the day of the hearing, the defendant did not show. So, as the plaintiff, I won by default. Today I just received a letter with the heading ''Judment of Dismissal''.

I'm a little confused, I thought if a judment was awarded in favor of the plaintiff and whatever the request(s) were in the counterclaim, it would automatically be awarded to the plaintiff. To my suprise, the letter said that under the Uniform Small Claims Rule 7(b) and after trial by a magistrate, my claim was dismissed and the defendant does not have to pay the plaintiff any part of the claim or costs in the claim.

I'm wanting to know if this a mistake on the court's part or is there any recourse to this decision. Thanks.


Asked on 2/20/04, 6:15 pm

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Judge of Dismissal

It may undeed be an error. Go to the Court & ask to see the file, specifically the docket entries for the date. All the relevant notations should be there.

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Answered on 2/20/04, 8:15 pm
Nance Lyons Law Office of Nance Lyons

Re: Judge of Dismissal

Call or visit the Clerk of Court-explain error. As I understand it, you were sued and countersued person who sued you. Original plaintiff, defendant in your counterclaim didn't show up. Had you sent a copy of counterclaim? If no notice to defendant, judgment cannot enter. In any event he clerk should be helpful.

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Answered on 2/23/04, 2:35 pm


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