Motion to Dismiss: How to Get a Debt Lawsuit Thrown Out

A debt collector filed a lawsuit against you. Your first instinct might be to panic. Your second should be to ask: Does this lawsuit even belong in court?

If the statute of limitations expired, or they sued you in the wrong county, or they can't prove you owe the debt, you can file a motion to dismiss. That's a formal request to the judge to throw out the case without a trial. When granted, the lawsuit ends. Sometimes for good.

Here's how to make it happen.

What a Motion to Dismiss Actually Does

A motion to dismiss tells the judge: "This lawsuit is legally flawed. Don't waste time on a trial."

When you file one, you're not arguing that you don't owe the debt. You're arguing the lawsuit itself has fatal problems. Maybe the debt collector missed the deadline to sue. Maybe they filed in the wrong court. Maybe they forgot to serve you properly.

If the judge agrees, the case gets dismissed. That can happen with prejudice (they can't sue you again for this debt) or without prejudice (they can refile if they fix the problem). Which one you get depends on why the case was dismissed.

When You Can File a Motion to Dismiss a Debt Lawsuit

Federal Rule of Civil Procedure 12(b) lists specific grounds for dismissal. Most states follow these same rules. For debt lawsuits, these are the ones that matter:

1. Statute of Limitations Expired (12(b)(6))

Every state sets a deadline for debt collectors to sue you. It's usually 3 to 6 years from your last payment. If they wait too long, the debt becomes "time-barred." You can move to dismiss for failure to state a claim.

Example: You stopped paying a credit card in Florida in 2018. The statute of limitations there is 5 years. They sued you in 2024. That's 6 years. You file a motion to dismiss citing the statute of limitations. If granted, the case ends with prejudice. They can't sue you again for this debt.

2. Wrong Plaintiff (12(b)(6))

Debt collectors buy and sell old debts constantly. If the company suing you doesn't actually own your debt, they have no legal standing to sue. They need proof they own it. If they can't produce that proof, move to dismiss.

3. Improper Service (12(b)(5))

Lawsuits require proper notice. That means a process server or sheriff must deliver the lawsuit to you personally, or follow strict rules for substitute service (like leaving it with someone at your home). If they just taped it to your door or mailed it without following state rules, you can move to dismiss for insufficient service.

4. Wrong Court or Venue (12(b)(3))

Most states require debt lawsuits to be filed in the county where you live or where you signed the contract. If they sued you in the wrong county, move to dismiss for improper venue.

5. Amount in Dispute Doesn't Match Court Limits

Small claims courts have dollar limits. If the collector claims you owe $12,000 but the small claims limit is $10,000, they filed in the wrong court. Move to dismiss or transfer.

How to File a Motion to Dismiss Step by Step

You can file a motion to dismiss at any point during the lawsuit. But it works best early, usually right after you file your Answer.

Step 1: File Your Answer First

In most states, you must respond to the lawsuit (called the Complaint) with a formal Answer before filing other motions. Your Answer admits or denies each claim they made. You typically have 20 to 30 days to file it.

If you need help drafting your Answer, our bankruptcy screener can connect you with resources, or consider consulting a consumer law attorney.

Step 2: Research Your State's Rules

Find your state's rules of civil procedure online. Search "[your state] rules of civil procedure." Look for Rule 12(b) and check deadlines for filing motions. Some states give you 60 days. Others give you less.

Step 3: Write the Motion

Your motion should include:

• Caption: Same case name, number, and court as the lawsuit
• Title: "Defendant's Motion to Dismiss"
• Introduction: "Defendant moves this Court to dismiss Plaintiff's Complaint pursuant to [cite the specific rule]."
• Grounds for dismissal: List each reason the case should be dismissed, with supporting facts and law
• Conclusion: "For these reasons, Defendant respectfully requests this Court dismiss Plaintiff's Complaint with prejudice."
• Your signature, address, and date

Keep it simple. Judges read hundreds of motions. State your facts, cite the rule, and ask for relief.

Step 4: File and Serve the Motion

Take your motion to the court clerk. Most courts let you file in person or online. There's usually a filing fee, but you can request a waiver if you can't afford it.

After you file, you must "serve" the motion on the plaintiff or their attorney. That means mailing them a copy, usually by certified mail. Keep the receipt.

Step 5: Wait for Their Response

The plaintiff gets a chance to respond to your motion. They'll argue why the case should continue. The deadline for their response depends on your state, usually 14 to 30 days.

Step 6: The Judge Decides

Some judges rule on motions "on the papers," meaning they read both sides and decide without a hearing. Others schedule a hearing where you can argue your case in person.

If the judge grants your motion, the case is dismissed. If denied, the lawsuit continues. You'll head to trial or settlement negotiations.

What Happens If Your Motion to Dismiss Is Denied

Most motions to dismiss get denied. Judges prefer to let cases go to trial unless the legal flaw is obvious. If yours is denied, you still have options:

• Negotiate a settlement: Many debt collectors will settle for 30% to 50% of the debt rather than go to trial
• Go to trial: Force them to prove their case. Many debt buyers lack documentation and lose at trial
• Consider bankruptcy: If you owe multiple creditors and can't pay, Chapter 7 bankruptcy wipes out most debts in 4 months. Learn more at our bankruptcy guide

When Debt Collectors Voluntarily Dismiss Cases

Sometimes the plaintiff dismisses the case themselves. This happens when they realize they can't prove you owe the debt, or they don't want to spend money on a trial.

A voluntary dismissal is usually without prejudice, meaning they can sue you again later. But if you were served improperly or the statute of limitations expired, they probably won't refile. They know they'll lose.

Common Mistakes to Avoid

Missing the deadline. If your state gives you 30 days to file a motion and you file on day 35, the judge won't consider it. Check your state's rules and calendar every deadline.

Arguing the facts instead of the law. A motion to dismiss is not the place to argue "I don't owe this money because I already paid it." That's a defense for trial. Motions to dismiss only challenge legal defects in the lawsuit itself.

Not serving the other side. If you file your motion but don't mail a copy to the plaintiff's attorney, the judge will reject it.

Do You Need a Lawyer?

You can file a motion to dismiss on your own. Many people do. But if the debt is large, or you're confused about the rules, a consumer rights attorney can help. Many offer free consultations, and some work on contingency (you don't pay unless they win).

If you can't afford a lawyer, check if your state has a legal aid office that handles debt defense.

What to Do Right Now

If you were sued for a debt, gather these documents today:

• The Summons and Complaint
• Any correspondence from the debt collector
• Proof of your last payment on the debt (if you have it)
• Records showing where you lived when the debt originated

Next, look up your state's statute of limitations for the type of debt they're claiming (credit card, medical, auto loan). If the deadline passed, you have strong grounds to file a motion to dismiss.

Once you file your Answer, you can draft your motion. Follow the steps above. File it before the deadline. Serve it on the plaintiff. Then wait for the judge's ruling.

If you're overwhelmed by multiple debts and lawsuits, it might be time to consider bankruptcy. Chapter 7 stops all lawsuits immediately and wipes out most unsecured debts. Start here to see if you qualify.