Sample Motion To Dismiss Credit Card Lawsuit
As the defendant, if you see that the collection agency or junk debt buyer has failed to comply with one of the trial rules, notify the court of their non-compliance by either putting that information in your answer or filing a motion to dismiss.
Know the court rules for dismissal before attempting to file a motion to dismiss. Also keep in mind that the court will have a hearing on the motion in lieu of the defendant having to answer. If the motion is denied, then you will receive another 10 – 20 days to file an answer.
The collectors suing you most likely do not have the contract/customer agreement or the proper chain of assignment necessary to prove the debt. Below is a sample of a motion to dismiss written by an attorney where the plaintiff subsequently dismissed the case and the defendant won their credit card lawsuit.
If the debt collector cannot prove that the defendant is the actual owner of the debt, then a motion to dismiss can be filed, and the motion will be granted if the creditor’s allegations are unable to state a cause of action.
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