Legal Question in Civil Litigation in Massachusetts

if a lawsuit has already been filed against you (by Capital One) and the attorney they hired to represent them goes out of business, does the case against you get dismissed if no one for Capital One shows up in court


Asked on 2/10/11, 12:35 pm

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Because Capital One is a corporation, and considered an individual, it cannot be represented in court by anyone other than an attorney. If Capital One (by and through its counsel) does not show up to a court date, the case can be dismissed. If you would like some assistance in seeking a dismissal, or in understanding your case, please feel free to contact my office.

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Answered on 2/10/11, 12:50 pm
Jonas Jacobson Law Offices of Jonas Jacobson

You can argue that it SHOULD be dismissed. I would maybe hire a lawyer to help you make sure that process went smoothly. If you know which Court, a lawyer may know who will be there that day, and be able to help you.

If the Court does allow it, keep a copy of the Judgment. Be aware, Capital One may get a new law firm, which may seek to undo the Judgment. ....if that happens, get a lawyer to help you.

Good luck!

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Answered on 2/10/11, 12:52 pm
Joseph Murray Joseph M. Murray, Esq.

While you may file a motion to dismiss for failure of the Plaintiff or their attorney to appear, they may hire other substitute counsel to oppose it and/or seek reinstatement of the case.

You would be well advised to retain counsel to represent you. Good Luck!

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Answered on 2/10/11, 3:58 pm


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