A friend is being sued,the Attorney did not sign the statement of damages form GLc218 19A is this something that will get a dismissal? I know the financial service did not send anything to let him know he can ask for validate of the debt, or will that get a dismissal?
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Editor's Response
It is certainly possible for a debt collection case to be dismissed because of a procedural error on the part of the plaintiff. However, typically such dismissals are "without prejudice', meaning the action can be re-filed once the errors are corrected. I cannot tell from the few facts you present, but it is possible that your friend may have other defenses and claims against the creditor that may constitute violations of of the Massachusetts Consumer Protection Act (93A) or other statutes. For that reason, I would encourage him to talk to a Massachusetts attorney who does collections defense work. I do not think hoping the case will go away is a good approach. For more information or to post a question, visit our Massachusetts Consumer Protection Discussion Forum.