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    writeman's Avatar
    writeman Posts: 1, Reputation: 1
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    #1

    Apr 16, 2011, 08:11 PM
    Small claim dismissed vacated Massachusetts?
    I received a notice that a small claims suit was dismissed as the plaintiff's attorney failed to appear. On the notice it stated that the decision could not be appealed. This week I received a letter stating that the attorney was asking for the dismissal to be vacated. What are my options?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 17, 2011, 06:15 AM

    What would I do? Nothing. Let the Attorney argue that the dismissal should be vacated. If the Judge grants his motion, then go back to Court with your proof.

    There is little you can say to discredit his reason for not appearing.

    Where are you that the Plaintiff can appear by Attorney?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 17, 2011, 06:16 AM

    You counter file to deny the dismissal on the grounds that the original dismissal was final.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 17, 2011, 06:22 AM
    Quote Originally Posted by ScottGem View Post
    You counter file to deny the dismissal on the grounds that the original dismissal was final.

    Good suggestion - I'm just thinking with an Attorney on the other side... well, always a possibility.
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