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Example Motion To Dismiss Credit Card Debt

The following is a sample of a motion to dismiss. This one is asking the court to dismiss the case without prejudice for failure to comply with the state of Indiana’s court’s trial rule and to give the plaintiff 30 days to amend. The complaint requests that the case be dismissed with prejudice, if they do not amend within 30 days.

This same sample motion to dismiss credit card debt without prejudice was used to win a debt lawsuit. Fight debt collectors and junk debt buyers with the right strategy. Use the necessary legal documents with appropriate templates which can be found throughout this website.


Here is a Motion to Dismiss example:


NAME OF PLAINTIFF HERE
Plaintiff,

v.

YOUR NAME HERE EXACTLY AS LISTED ON SUMMONS
Defendant


Case No:
DEFENDANT’S MOTION TO DISMISS CASE


MOTION TO DISMISS CASE WITHOUT PREJUDICE


Comes now, Defendant, ___________________, and files a Motion for Plaintiff to Comply with Indiana Trial Rule 9.2 and states as follows:


  • To Dismiss this Case because Plaintiff failed to comply with Trial Rule 9.2 by not attaching the actual contract and assignment showing the Plaintiff is the Real Party in Interest.

WHEREFORE, Defendant requests that Plaintiff’s Complaint be Dismissed without Prejudice and the Plaintiff be ordered to comply with Indiana Trial Rule 9.2 within thirty days by filing an amended complaint and for dismissal with prejudice for failure to comply and all other relief necessary and proper in the premises.


Respectfully Submitted,
_______________________



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