Motion to Dismiss Pack

$100.00

Bringing or Defending against a Motion to Dismiss

One of the defenses to a lawsuit is a motion to dismiss, and often you must file your motion to dismiss before filing an answer or you will lose important rights.

On the other hand, the debt collector may well file a motion to dismiss your counterclaim or even affirmative defenses.

This Motion to Dismiss Petition Pack helps you file a motion if you need to–or defend against the motion if the plaintiff files on against you.

It contains:

  • Instructions
  • Motions to Dismiss in Debt Cases Report
  • Sample Motion to Dismiss Plaintiff’s Claims for Breach of Contract and Account Stated” in pdf and Open Office (Word compatible) formats
  • Sample Memo In Support of Motion to Dismiss in pdf and Open Office (Word-compatible) formats
  • Sample Memo in Opposition to Plaintiff’s Motion to Dismiss Counterclaims in pdf and Open Office (Word-compatible) formats
  • Basic instructions of legal research

Delivered electronically in PDF format.

Free Teleconference Included

In addition to the written portion of the materials, this product includes a FREE teleconference. This is to help orient you to your case and the motion you are either facing or bringing and to introduce you to the benefits of membership, which we believe will be a major help to you and improve your chances of winning – both the motion and the rest of the case. If you then become a member, you will receive a 50% refund off the cost of this product.

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Description

Motion to Dismiss Petition Pack

Often you must file a motion to dismiss before filing an answer or you will lose important rights. This Motion to Dismiss Petition Pack helps you file a motion if you need to–or defend against a motion if the debt collector files one against your counterclaim. Contains six useful documents.

What Motions to Dismiss Do and How they Work

Motions to dismiss are designed to get the court to kick a case out without you having to do very much to defend yourself. They start with the assumption that everything that the petitioner pleads in the complaint (often called, “petition”) is true. And they argue that even if that is so, the lawsuit does not actually state a claim against you. OR, they are an attack on some sort of other question, like whether the suit is brought against you in the right court, whether the debt collector has a right to sue you, or other things of that sort.

In debt cases, motions to dismiss are actually fairly rarely appropriate. That’s because the debt suit itself is so simple to formulate. But if you asked for verification and didn’t get it, suing you on a very old debt, they’re suing you somewhere where you don’t live, or you were not appropriately served, a motion to dismiss might be in order. If they fail to allege everything they need to, you would also probably want to file a motion to dismiss.

As I say, motions to dismiss start with the idea that what the petition says is true. Then they say that isn’t enough or that something else stops the lawsuit from being good. If that’s your situation, our materials will help you make the argument and win it.

Their Motion to Dismiss against You

If you file a counterclaim, the debt collector is likely to file a motion to dismiss against you. It works exactly the same as yours against them, except that they’re hoping you won’t defend against it. That is, when debt collectors file a motion to dismiss against you, they’re often betting that you, as a pro se defendant, won’t know enough to defend yourself.

Our materials give you what you need to fight back and defend your counterclaim.

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