Legal Question in Civil Litigation in Massachusetts

Previously wrote regarding Dismissal if Plaintiff doesn't show up for trial. Capital One already has another Law office calling me regarding the alleged debt. However, it is still a pending lawsuit. I filed a Counterclaim. If the Plaintiff does not show up, do I automatically win on the Counterclaim. Can I ask the Judge to dismiss with prejudice? Lastly, should I file a Motion to Dismiss pursuant to Mass.Civ.Proc.Rule 11? I can't afford an attorney. Thank you.


Asked on 2/10/11, 4:35 pm

3 Answers from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

Did you know that many Massachusetts Courts now allow so-called "Limited Assistance Representation"? ...http://www.mass.gov/courts/sjc/limited-rep.html

I would really urge you to discuss this situation with an attorney.

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Answered on 2/10/11, 4:42 pm
Paul Lancia Attorney Paul Lancia

I agree with Jonas.

Did they respond to your Counterclaim? If not, default them!

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Answered on 2/10/11, 4:50 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Sometimes a legal question is just too complicated to answer in a forum like this.

You mention that a new law firm is contacting you on this Capital One matter. Have they filed an appearance in court? If not, then Capital One has no attorney of record.

How can there be a pending case when you indicate that Capital One did not show up for trial?

If a plaintiff (also referred to as a defendant-in-counterlcaim) does not timely answer your property and timely served counterclaims, then you can move for default against them.

You should only file a Rule 11 Motion if the facts warrant it. You haven't given us any.

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Answered on 2/11/11, 4:41 am


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