@Anonymous wrote:
I agree with the part about holding off on letting the lawsuit go... but when you do get to the point where they've complied and you are ready to dismiss, don't try an agreed dismissal. That requires PRA's cooperation, which as you have already learned you cannot expect. File a Motion for Nonsuit, which only requires your signature as Plaintiff and nothing else from them, and move to nonsuit the matter without prejudice to your right to refile same at your cost, etc, etc. All you're required to do is mail PRA a copy of it, you won't have to confer with them or their general counsel or anything like you would with an agreed dismissal.
Assuming they've been served, they would answer. I too have lots of experience dealing with PRA and their sister companies and client companies, in several state and federal courts over the years. Their attorneys in Massachusetts will answer and attend if necessary, and PRA will pay them for it gladly and record the expense in their books without blinking. They, like most CAs and other large finance corporations, anticipate legal fees and settlement costs as a cost of doing business. They will point out that they have already resolved the issue, and ask the Court to dismiss your suit If they are feeling particularly vindictive that day, they may ask for you to be ordered to pay their fees and grant you nothing. , but in my experience they just let it go with asking for dismissal since the issue at hand is already resolved. You did not specifically ask for a declaratory judgment saying that they are not creditors and cannot report anything as such in Massachusetts, which would be out of the scope of a small claims court anyway, so they really have nothing to fight you on remaining now that they've apparently decided to clear the reporting already.
When the time comes I will file a motion as you outlined. They would not be awarded fees in Massachusetts for this type of small claims issue. And, I do agree they would show up for Court. But who knows, it would have been a great learning experience that I would have enjoyed.
