APPROPRIATE ACTION/MOTION RE: CAPIAS ON DISMISSED CASE - HOPING TO GET STATUS CHANGED TO "WITH PREJUDICE". SANCTIONS?/MISCONDUCT

Asked over 1 year ago - Southbridge, MA

Hello & Thank you in advance. Case re: old credit card debt that "expired"/statute of limitations was up September, 2011. Initial "complaint" filed in April, 2011, Summary process n April, 2012 & default judgment made April, 2012. *NEVER* knew anything 'til months later - OLD/unreliable address :( Successful in having default vacated in August, 2012. Plaintiff's missed new date in October, 2012 and case dismissed "without prejudice". No further activity until a week ago when I recieved (@ SAME OLD address/though they have correct one from court docs. - a CAPIAS. LOTS of stress/anxiety later - and a phone call to their office/left message re: CAPIAS - CAPIAS retracted from Sherriff's office. I WANT to end this permanently. Sanction, motion for "with prejudice" for Plaintiff Misconduct?

Attorney answers (1)

  1. Travis J. Jacobs

    Pro

    Contributor Level 12

    Answered . You could hire an attorney to file a motion to modify dismissal to "with prejudice" given circumstances. You may also have claims against the collector for violations of the Federal Fair Debt Collections Practices Act (FDCPA)...which has some steep penalties in certain situations.

    This response is not to be considered legal advice by anyone. This communication, alone, does not create an... more

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