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  1. #1
    Join Date
    May 2011
    Posts
    1

    Default Judgment Proof - Can I File for Dismissal

    My question involves collection proceedings in the State of: MA

    I'm helping a friend deal with a credit card lawsuit in MA. She is within the judgment-proof income level.

    * Can she move to dismiss, on the grounds that no complaint has been made upon which relief can be granted (b/c she is judgment proof)?

    * Can she move to dismiss b/c the credit card company's lawyers haven't responded to her request for documents? (She just filed the "final request" for interrogatories)

    * Should she move for dismissal with prejudice?

    * What is the procedure for making such a motion in MA?

    And by the way: If the case goes to court - would I be allowed to be next to her for emotional support and to give her advice? (I am not a lawyer)

    Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Judgment Proof - Can I File for Dismissal

    No, that's an absurd notion. The fact that somebody doesn't presently have access with which to pay a judgment does not affect her culpability for failing to pay back money she owes, nor does it mean that she will never have money in the future with which to pay her debts.

    I haven't seen her discovery materials from here, so I don't know if they are in proper order. If she has properly served the other side with requests for discovery and they have failed to provide a timely response, she can bring a motion to compel. If they ignore an order compelling discovery, the court may consider sanctions including dismissal.

    If she wants to learn how to write a motion, she should look for a guide to civil procedure before trial, specific to her state, in the county law library or an area law school library. She also needs to acquaint herself with the state's rules of court and any applicable local court rules.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,850

    Default Re: Judgment Proof - Can I File for Dismissal

    Judgement proof is not a legal notion you can use as a defense. A judgement can ALWAYS be levied against you. Judgement proof is just a term applied to those who it will be very hard to actually collect on a judgement. As Aaron points out, that judgements can be very long lived even if she's not currently able to satisfy them.

    If they don't respond to properly made requests for discovery, she certainly can bring that up to compel it to happen. Did she put her request for dismissal in the final request (that would have been the PROPER Massachusetts procedure). If not, then she'll have to go with a separate motion. Of course, we can't tell based on the absence of any information provided here what really is happening. It's not a lock for dismissal. The commonwealth does put restrictions on interogatories (primarily aimed to keep those with big lawyers from beating down the little guys with paperwork).

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