Motions to Dismiss in Debt Lawsuits with Debt Collectors (Pt. 1)

If you’re being sued on a debt and need to know how to answer or what to do:

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You should always consider filing a motion to dismiss BEFORE filing your Answer because answering can waive certain rights that could prove to be very important. This video tells you what you would need to file a motion to dismiss and why it might be right for you. Motions to dismiss occur fairly frequently in debt lawsuits, either because defendants to collections file them – because of statutes of limitations or pleading “deficiencies” or mistakes mean that the case stated against them is incomplete or incorrect, or because the debt collectors file them to strike or get rid of counterclaims or affirmative defenses. Watch this video and then go to to sign up for a free copy of the FDCPA.

15 thoughts on “Motions to Dismiss in Debt Lawsuits with Debt Collectors (Pt. 1)”

  1. Suppose a filed lawsuit with no apparent service (according to clerk) so late notice of filing (due to increased volume of legal ads in mail) and no supporting documents at all attached causes losses (wages, a closed bank account) due to having to spend time dealing with a debt collection lawsuit?

    There is a mandatory mediation step required for my county (in Wisconsin) that the Plaintiff must initiate. I have yet to connect with mediation center contact as I work during best time to call hours. I hope to explain what has happened and how the lawsuit led to me losing work hours and decline a new higher paying job contract (No days off allowed. Not good if having to go to court).

    I am very short of cash (less than $400) and accepting local assistance such as an energy grant awarded in May. I was working to repair an in the red checking account in May but lost income so had to choose June rent payment. ūüôĀ

    I am also actively seeking professional employment, hard to do if I have a case filing in CCAP. The best type of work I can do is factory work through a local staffing agency so I have something.

    I will try calling local legal help for low income during limited intake hours (Tues & Thurs) and hope that the free help can take on a debt collection case.

    I am past Answer phase now waiting for Mediation phase. I am hoping to learn more about Motion To Dismiss to learn when to apply it. Hearing date is August 12th. The alleged debt is from Citibank which has a consent order regarding (as I understand it) interest rates. I hope that at least makes debt less collectible or at least not accurate.

    The Plaintiff is also under a consent order. So it might be easier to fight this especially if there are no documents. Having me go to a website (as mentioned in a letter from Plaintiff in April) to look up these documents is something I will not do. No sense in giving out my IP address. If they had this evidence it should have been with the Summons and Complaint.

    Wisconsin has new laws about this, so I opted for Answer filing before due date as instructed by clerk. Any help would be appreciated.

  2. I live in Pa and a garage owner is trying to sue m for work he did on a car I dont own the sheriff has tried serving me papers but im never home when he comes what can I do ?

  3. I have an old billing statements. What if in the petition the account number doesn't match the one on the statements but the amount owed in the petition and billing statements come pretty close. It would'nt be wise for me use these billing statements during the hearing would it?

  4. What if I saved a few billing statements over time as well as letters from recovery agencies and I see descripencies.  Should I bring these documents to court?
    Could this help or sabotage my case?

    Also when answering the summons I filed a "General Denial".  Come court day
    can I motion to dismiss?

  5. What if during the battle in court the judge up and says "well why did you stop paying to begin with"?  How do I respond.

  6. if you show up in court in PA and the so called lawyer for the plantiff is there but no plantiff can you request dissmissal since there is no plantiff present ?   also do you have to answer the lawyers questions or can you force them to prove their own case ?

  7. I filed an answer with the court and have been sent by the plaintiff a Request For Admissions. Is it too late to file a motion to dismiss?

  8. Feeling helpless at the hands of the debt collectors is a daunting and frightening experience. Thank you for helping those of us who don't know what to do and don't have the $$ to do it with!! 

  9. What about for a petition for discovery and admission? Does a person have to answer, or can you file the motion to dismiss before? Thank you!

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