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.