How to ask for motion to dismiss

Welcome to the community TBrecker24.

If they have already initiated a lawsuit against you then you will need to request validation during discovery. You can check my signature link for a debt validation letter template which will give you an idea of what to ask for. I would suggest seeking legal council for this however if you insist on going through this without legal council then you can also check my signature link for a WEX legal dictionary as well as a list of civil procedure by state/district.

I just went through a similar experience. I could not afford a lawyer, but got helpful advice here & won. I'll share how my case proceeded - but be sure to take the advice of the more "legal" knowledgeable folks here as I am not a lawyer.

I was served a summons to appear in court on a very very old debt. After much research here I learned that I was being sued by a well known "junk debt buyer" & they would likely not be able to proove ownership of the debt.

1st court date:
It was too late to request DV letter, so in my appearance/answer to the summons on the day we had court I simply wrote "I deny owing XX any sum that they seek. I request that XX provide proof that this debt exists in the form a written contract or agreement that I have signed stating that I owe XX the amount they seek. I also request a payment history on this account. If XX cannot provide such proof I motion to dismiss with prejudice on the grounds that this is not a valid debt owed by me to XX.

Their lawyer was surprised when our case was called. All the cases before me went in his favor & he had a lot of them. He told Judge that I requested some documents & asked for continuance so they could get them.

2nd court date
A new lawyer appeared for them. When our case was called he too was surprised. Seems he looked at papers pertaining to my case right then & there, not beforehand, and was unprepared. He told the Judge that he did not have anything. Judge asked me if I denied owing the debt - I said "Yes". Judge asked lawyer if he wanted a trial date - lawyer said "Yes."

3rd court date/trail
Our case was called & their lawyer told Judge "We motion to dismiss this case with prejudice" and that was that! They dismissed because they could not provide the proof I requested.

Let me add that the guy being sued before me was repremanded by the Judge - he had not filed his appearance/answer & the Judge was harsh with him for not knowing the proper procedure. His case was continued & Judge sarcastically told him to file his appearance & come back with the money he owed. When my case was call the Judge was surprised that I filed my appearance. I think they are used to most people handling the case on their own being totaly unprepared & no knowing of how the proceedings go.

I was so nervous & unsure at each court date! Now I'm glad I did my homework - it paid off.

You can beat this - listen to the advisors here. They are very helpful. Good luck

Thank you for sharing that munchkin130, I'm sure it will be helpful! :)

To file a response to the summons, you file an Answer. The Answer should contain an Affirmative Defense of Statue of Limitations.

After you file your Answer, you should Serve written discovery requests on the Plaintiff, including Requests for Admissions, Interrogatories, and Request for Production of Documents.

All these forms can be copied from books at your local county law library, just ask the reference librarian.

Don't delay. Do everything right away or else you may be too late.

what if i filed an answer( i dont dispute the validity of debt) i just didnt dispute it is with the snakes that have brought suit.can i file an ammended answer? aso can i file a motion to dismiss---i never had a contract with plaintiff(or what they really are--debt collector), i dont owe them anything, my original debt was with capitol one and they charged it off? i have no obligation to them in writing? please instruct me. i have a month before court date, although i havent been notified of it, only found it on a court site helpmeouthere

I already have a judgement against me from MBNA. I have recently learned that you can contract with anyone at anytime and the onus is upon them to respond. I did so asking MBNA to prove there was consideration for the debt which they allege, they didn't respond. Now I'm not certain what motion to file. I also see that MBNA has written of the "debt", I don't recall contracting with the third party either. Can I move to dissmiss where there is already a judgement?