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

Southbridge, MA |
Filed under: Lawsuits and disputes

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. 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.

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