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Sample Motion To Dismiss Credit Card Lawsuit

As the defendant, if you see that the collection agency or junk debt buyer has failed to comply with one of the trial rules, notify the court of their non-compliance by either putting that information in your answer or filing a motion to dismiss.

Know the court rules for dismissal before attempting to file a motion to dismiss. Also keep in mind that the court will have a hearing on the motion in lieu of the defendant having to answer. If the motion is denied, then you will receive another 10 – 20 days to file an answer.

The collectors suing you most likely do not have the contract/customer agreement or the proper chain of assignment necessary to prove the debt. Below is a sample of a motion to dismiss written by an attorney where the plaintiff subsequently dismissed the case and the defendant won their credit card lawsuit.




Plaintiff,


v.


YOUR NAME HERE EXACTLY AS LISTED ON SUMMONS


Defendant


Case No:


DEFENDANT’S MOTION TO DISMISS CASE


MOTION FOR PLAINTIFF TO COMPLY WITH TRIAL RULE 9.2


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

  • Plaintiff filed a complaint on DATE HERE.
  • Said complaint fails to comply with Indiana Trial Rule 9.2.
  • Namely, the complaint fails to attach a copy of the actual contract and a copy of an assignment showing Plaintiff is the real party in interest.
  • Defendant requests that Plaintiff be given thirty days to comply with Trial Rule 9.2 and for dismissal with prejudice for failure to comply.

WHEREFORE, Defendant requests that Plaintiff be ordered to comply with Indiana Trial Rule 9.2 within thirty days by filing an amended complaint in compliance and all other relief necessary and proper in the premises.

Respectfully Submitted,


______________________



If the debt collector cannot prove that the defendant is the actual owner of the debt, then a motion to dismiss can be filed, and the motion will be granted if the creditor’s allegations are unable to state a cause of action.

For more information on How To File a Motion to Dismiss Click here!


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