Chloe Meltzer
December 01, 2021
Summary:When you're being sued for an old debt, you want to make the right defense. Learn all about a request for dismissal and how it can help you win in court.
Dealing with debt is always stressful, but being able to understand the steps to have your case dismissed is one of the best ways to deal with it. Although this is not always a possibility, it never hurts to try.
Typically a debt collection case involves yourself and a debt collector or the original creditor from who you borrowed money. If you are dealing with the original creditor then you have less of a chance for it to be dismissed, but most often debt collection cases are handled by debt collectors.
Use SoloSuit to respond to debt collectors and win in court.
If you are involved in a debt collection lawsuit, your hope is typically to get it over and done with. One option is to request that the case be dismissed, known as a “request for dismissal”. This term is essentially asking the court to terminate or dismiss your case.
In some cases, a plaintiff might request for a case to be dismissed. There are a few reasons why they might do this.
“With prejudice” means that the case may never be re-filed. “Without prejudice” refers to being able to re-file your case at a later date (as long as it is still within the statute of limitations).
Don't let debt collectors intimidate you. File a response with SoloSuit fast.
In many situations, debt collection cases are dismissed by forcing the prosecution to provide documents supporting your debt. Because the debt collectors often file thousands of these cases each year, they may not even respond to the request. In this case, they may also dismiss the case because of insufficient evidence (as mentioned above).
Additionally, debt collectors often purchase these debts for pennies on the dollar in large bulk accounts. They typically would rather not spend the money in legal fees needed to take you to court and often will have the case dismissed.
If the credit card company or debt collector does have proof that the debt is yours, you still have a chance. If you can find some type of error in their paperwork, then you can request that the case be dismissed. Should the company not actively pursue their claim against you, the Court will automatically dismiss your case. This is called a "dismissal for want of prosecution."
Make the right defense the right way with SoloSuit.
Another common timing for dismissals is actually at trial. If you arrive at the trial and the attorney for the credit card company does not, then the case is automatically dismissed, and you will automatically win. You need to be careful with this though because if you do not show up the opposition will automatically be given a default judgment against you.
In some cases, you may even win your case and they owe nothing to the opposition. This is possible if you show that the documents are not clear, that the affidavits are not trustworthy, or the debt collector did not legally acquire your account.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
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