Motion to Dismiss: File to Get Your Debt Lawsuit Tossed

If you’re facing a debt collection lawsuit or eviction, you might get the case thrown out. A motion to dismiss asks the judge to end the case without reviewing all the facts.

You can file this motion at any time during your case. Defendants typically use it early in the proceedings. The plaintiff can also dismiss the case voluntarily if they realize they can’t prove their claims.

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You deserve to know your options when facing legal action. Here’s everything you need to understand about motions to dismiss.

Steps to File a Motion to Dismiss

Timing matters when filing a motion to dismiss. Your state or county civil procedure laws contain specific deadlines you must meet.

Follow these steps to file your motion:

File the motion after you respond with an Answer to the Complaint
Submit it to the proper court and serve the opposing party
Wait for the other side to respond within their state deadline
The judge reviews both sides and examines facts favoring the plaintiff

The judge will issue a ruling if they grant the motion. Cases can be dismissed with or without prejudice. A dismissal with prejudice means the plaintiff cannot refile the same claim in that court.

The Federal Rules of Civil Procedure section 12b lists common grounds for dismissal:

12b1: Lack of subject-matter jurisdiction
12b2: Lack of personal jurisdiction
12b3: Improper court venue
12b4: Insufficient process
12b5: Insufficient service of process
12b6: Failure to state a claim for relief
12b7: Failure to join a required party under rule 19

Determine which reasons apply to your case. Cite the appropriate state civil procedure rule in your motion.

Mark received a Capital One lawsuit for $1,845 in auto loan debt. He researched online and found he could use Texas’s statute of limitations. He filed an Answer first, then filed his motion to dismiss. Capital One responded with payment records showing his last payment was only three years and six months ago. Mark had miscalculated the dates. The judge ruled against him, and the case proceeded.

How to Get Your Debt Lawsuit Dismissed

When you file a motion to dismiss, you’re claiming the case lacks validity. You’re arguing the case shouldn’t move forward.

Many reasons exist to file this motion. Always respond with an Answer before filing a motion to dismiss. Without an Answer, the debt collector will receive a default judgment. You’ll lose your chance to dismiss the case.

Even if the plaintiff’s claims are true, dismissal is still possible. Here are reasons a plaintiff might dismiss a debt collection case:

Debt Settlement or Payment: The defendant settled or paid the debt after filing. The basis for the lawsuit no longer exists.
Lack of Evidence or Documentation: The plaintiff lacks necessary documentation to prove the debt. They can’t prove who owes it or the amount.
Procedural Issues: The plaintiff filed in the wrong jurisdiction or missed legal requirements. They might dismiss to correct these issues.
Cost-Benefit Analysis: Legal fees and time outweigh potential recovery. Small debts or defendants with limited ability to pay often trigger this.

Want to get your debt lawsuit dismissed? Take these two steps:

File an Answer to the lawsuit listing your affirmative defenses. The plaintiff may decide pursuing the debt isn’t worthwhile.
Settle the debt by reaching out to the attorney suing you. Offer a lump-sum settlement through our partner Solo. Once you fulfill the settlement, they’ll dismiss the case.

Daniel faced a lawsuit from First Portfolio Ventures through Javitch Block LLC. He used an Answer to respond. Javitch Block asked for a default judgment without checking his response. The court rejected the request because Daniel had already answered. Javitch Block then tried a motion for summary judgment, but the court ordered a trial. At that point, Javitch Block dismissed the case voluntarily.

Who Can File a Motion to Dismiss

Both parties in a civil lawsuit can file a motion to dismiss. In debt collection cases, the plaintiff initiates the lawsuit. The defendant is the party being sued.

The motion looks different depending on who files it. A plaintiff files voluntarily when they no longer want to pursue the debt. After reviewing the defendant’s Answer, they might realize the case isn’t worth continuing.

Defendants can file when they have valid grounds for dismissal. Settlement agreements are the most common reason for dismissal.

When to File a Motion to Dismiss

You can file a motion to dismiss anytime during the case. Defendants typically file immediately after submitting an Answer.

Check your state’s civil procedure rules for specific timelines. You need to know the deadline after being served with a lawsuit.

In your motion, you can ask the judge to dismiss any or all claims. The judge will review your arguments and issue a ruling.

Lily owed a credit card debt that Discovery Collection was trying to collect. She researched how to get cases thrown out. She discovered Discovery Collection lacked sufficient information about her and the debt. She filed an Answer first, then a motion to dismiss without prejudice. Discovery Collection hadn’t attached her credit card contract or debt history documents. The court dismissed without prejudice and ordered them to refile with proper documentation if they wanted to continue.

Can You Cancel a Lawsuit

A favorable ruling on a motion to dismiss effectively cancels a lawsuit. If grounds exist to get your case tossed out, you should pursue dismissal.

A motion to dismiss is the common procedural mechanism for canceling lawsuits. You must adhere to court procedural requirements when filing.

Once filed, prepare to argue your case during a court hearing. Present your strongest arguments for why the case should end.

Common Reasons to File a Motion to Dismiss

Motions to dismiss typically address procedural issues rather than case merits. The most common reasons include:

The statute of limitations expired on the debt
The court lacks jurisdiction over the case or subject matter
The lawsuit was filed in the wrong venue
You weren’t legally served with the lawsuit
The plaintiff didn’t name an essential party or named the wrong entity

Landlord-tenant cases frequently involve dismissal motions. A landlord might claim you owe back rent. You could prove payment with bank records and canceled checks. Documentation supporting your payments gives you grounds for dismissal.

You might also file because the plaintiff didn’t state a valid claim for relief. In a negligence case, the plaintiff must demonstrate all elements of negligence. Without proof of damages in the Complaint, you can request dismissal for missing essential elements.

Plaintiffs can also file motions to dismiss before you file your Answer. After your Answer, both sides can jointly ask the judge to dismiss. Courts can dismiss cases on their own initiative, called Sua Sponte.

Sometimes plaintiffs dismiss cases by offering a notice of dismissal to the judge. They must do this before you answer the Complaint or file a counterclaim.

Getting Help With Your Motion to Dismiss

Responding with an Answer before filing your motion to dismiss strengthens your position. Your creditor might withdraw the case if you include compelling affirmative defenses.

Other tools can help you respond to debt collectors at every communication stage:

Debt Validation Letter: requests your collector confirm the debt is rightfully yours
Motion to Compel Arbitration: asks the creditor to follow arbitration clauses and settle outside court
Debt settlement negotiation: software helping you negotiate settlements with the attorney suing you

Don’t lose hope if your motion to dismiss is denied. Resources exist to help you win your debt collection case. You can still defend yourself successfully.

Motion to Dismiss for Insufficient Evidence

In criminal law, defendants can request dismissal when insufficient evidence exists. If the judge agrees, the case ends. The defendant can’t be tried again for the same crime.

The judge examines all evidence favorably toward the government. Dismissal only happens when no reasonable way exists to believe the defendant is guilty. Defendants can make this request at several trial points.

In civil lawsuits, defendants don’t typically file dismissal motions. In debt cases, plaintiffs usually file when they no longer want to pursue the case. Defendants can still file these motions even though it’s less common.

Settlement offers provide your best path to dismissal in debt cases. Our partner Solo can help you negotiate favorable terms and get your case dismissed quickly.

Frequently Asked Questions

What is a motion to dismiss in a debt lawsuit?

A motion to dismiss is a request asking the judge to end your case without reviewing all the facts. You file it when procedural issues exist, like expired statute of limitations or improper service. Both sides can file this motion, but defendants typically use it early in proceedings.

How do I file a motion to dismiss a debt collection lawsuit?

First, file an Answer to the Complaint. Then submit your motion to the proper court and serve the opposing party. Cite specific civil procedure rules and grounds for dismissal. The other side responds within their state deadline, and the judge reviews both arguments before ruling.

Can I get a debt lawsuit dismissed after being served?

Yes, you can get a lawsuit dismissed through a motion to dismiss or by settling the debt. File an Answer with strong affirmative defenses first. Then either file your motion citing procedural problems or negotiate a settlement with the attorney. Once you settle and pay, they'll dismiss the case.

What happens if my motion to dismiss is denied?

If the judge denies your motion, the case proceeds to trial. You can still win by presenting strong defenses or negotiating a settlement. Many debt collectors dismiss cases voluntarily after defendants file solid Answers because pursuing the debt becomes too costly.

What is the difference between dismissal with and without prejudice?

Dismissal with prejudice means the plaintiff cannot refile the same claim in that court again. Dismissal without prejudice allows the plaintiff to correct issues and refile the lawsuit later. Courts grant without prejudice dismissals when plaintiffs lack proper documentation or miss procedural requirements.

How to File a Motion to Dismiss a Debt Lawsuit in 2024