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
3 Answers from Attorneys
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.
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!
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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