The plaintiff “Citibank” brought a claim for payment of a delinquent credit card account of the defendant “Garabedian” on which the court entered summary judgment for Citibank. The case arose out of Garabedian’s failure to make payments on either his Visa card or his MasterCard which he had applied for, received, and used from Citibank. On April 8, 2005, Citibank brought a claim in Lawrence district court for the unpaid balance on his Visa card, and a default judgment for the plaintiff was entered on that claim when Garabedian failed to answer. On October 5th, 2006, Citibank filed an action to collect the balance owed on Garabedian’s MasterCard account. The case was dismissed on February 5th, 2007 pursuant to rule 4(j) for Citibank’s failure to effect timely service of process. On January 14, 2008, Citibank brought the same action a second time and both parties moved for summary judgment pursuant to Mass. R. Civ. P., Rule 56. Garabedian claimed that res judicata barred this action because the action had already been dismissed, and in the alternative because Citibank was obligated to bring this action with the first collection action in 2005. The trial court denied Garabedian’s motion and awarded summary judgment for Citibank. The Appellate Division affirmed that decision.