Legal Question in Civil Litigation in Massachusetts

in response to Joseph Murray.. their new counsel has not filed an appearance on the pending case. When I asked her why she was calling (law office) she said they represented Capital One and that the balance was $2,000 more than what was alleged in the complaint (currently pending). Why do you have to file a Motion to Dismiss. If a plaintiff doesn't show up for THEIR complaint (trial) why wouldn't it automatically be dismissed.

As I stated before, I can not afford an attorney. If I could I would not not having a lawsuit against me.


Asked on 2/14/11, 10:31 am

2 Answers from Attorneys
Paul Lancia Attorney Paul Lancia

You want their complaint dismissed with prejudice or they can refile.

Do it right the first time so you don't have to deal with it again.

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Answered on 2/14/11, 10:35 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

I agree with Attorney Lancia.

I still would like to know who the attorney of record is. Make sure you call the court and find out whether a Notice of Appearance has been filed by any other attorney. It sounds like you have already done this, but new counsel could still file at any time.

Do this correctly. Spend a little money to get it done right and you will save money in the end. Good luck.

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Answered on 2/14/11, 11:31 am


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