Legal Question in Civil Litigation in Massachusetts

Asked for advise yesterday regarding lawsuit filed against me by Capital One. Attorney Vaughn-Martel, you said I shouldn't file a Motion pursuant to Rule 11. The case hasn't gone to trial yet. It is scheduled for trial on March 31st. The plaintiff's (Capital One) attorney has gone out of business. They have retained another law firm, who has already called me. However, they are not representing them in the pending lawsuit. The did answer my counterclaim. My question to the attorneys was, "If the Plaintiff does not show up at the Trial, can I file a Motion to Dismiss and will I automatically win on my counterclaim


Asked on 2/11/11, 1:16 pm

2 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

If they do not appear for trial or case management conference or pretrial conference, you can request that their claims against you are dismissed. You can also seek judgment in your favor on your counterclaims and, if necessary, request a hearing on assessment of damages.

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Answered on 2/11/11, 3:11 pm
Joseph Murray Joseph M. Murray, Esq.

You can file motions asking the court to grant all of that but you must serve notice on their substitute counsel and expect them to oppose it, so you should retain counsel as well. Good Luck!

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Answered on 2/13/11, 9:08 pm


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