Legal Question in Credit and Debt Law in Massachusetts

hi i had a lawsuit with arrow financial services llc. i received a judgement of dismissal is hereby entered by the clerk-magistrate in accordance with the mass. rules of civil procedure, that this action be dismissed, and that the plaintiffs take nothing...what does this mean...I have been paying this company for 4 months now, do i continue to pay them?...thank you for your help Phyllis


Asked on 3/07/10, 7:04 am

3 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Phyllis,

Based only on the facts provided in your question, it appears as though the Plaintiff's case against you has been dismissed, probably because they failed to properly serve you or make return of service with the court.

Most likely, the Plaintiff's case is dismissed "without prejudice", meaning they have the right to re-file their lawsuit against you. If the case was dismissed "with prejudice", then it is a final determination on the rights of the parties, and you can presume that you do not have any further obligation to pay.

Whether you should continue to pay them depends if they are still the proper owner of the underlying debt, and whether the underlying debt against you is valid in the first place.

Take your papers to an attorney for a consultation for peace of mind.

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Answered on 3/12/10, 7:30 am
Warren Wood Law Offices of Warren Wood

If you were sued by this plaintiff and you received a judgment of dismissal, this may be good news for you. It may be that you now have legal rights against this plaintiff for violations of federal and state consumer law and compensation. Of course an accurate evaluation of you rights is impossible until we actually review the documentation and court order.

In many cases we provide this service free of charge. You may contact us for a free consultation if you'd like. Good Luck!

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Answered on 3/12/10, 7:34 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

It sounds like you should stop paying any amount that is related to the dismissed suit.

The Plaintiff may refile under certain circumstances, unless the dismissal is with prejudice.

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Answered on 3/12/10, 9:25 am


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