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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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I was being sued by a creditor. We had a case management

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I was being sued by a creditor. We had a case management hearing scheduled for 1/14/16. The Plaintiff failed to appear. The case was dismissed with a Brought Forward date of 2/11/2016. On 2/11/16 if the Plaintiff fails to remedy the default a judgement of "Dismissal For Failure to Act on Default" will be entered. Is this dismissal with prejudice or without?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 10 months ago.

Thank you for your patience - it is odd that the relevant rule (Rule 5, dismissal for failure to act on default) does not specify whether this is with or without dismissal.

http://www.mass.gov/courts/case-legal-res/rules-of-court/district-muni/standing-orders/dist1-04.html

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However, after reviewing all of the rules, I located Rule 41, which states that the dismissal would be without prejudice: that rule is here:

http://www.mass.gov/courts/case-legal-res/rules-of-court/civil-procedure/mrcp41.html