![]() If they agree, request that they file a formal dismissal motion and send you a copy of the filing. If the debt collector, or their legal counsel, agrees that you are not the correct defendant, it is acceptable to simply ask them to dismiss you from the lawsuit. You should also let them know that you have the Motion to Dismiss drafted and ready to file with the court. You should explain that you do not owe the amount alleged and/or that you are not the correct defendant. Contact the Debt Collector Identified in the Lawsuitīefore filing your Motion to Dismiss, you should consider proactively calling the debt collector, or the legal counsel representing the debt collector, to discuss the situation. Make the right defense the right way with SoloSuit. Be sure to retain one copy of each court-stamped form for your records.Send copies of your motion, and any supporting documents, on the same day you file them with the Clerk of the Court.postal service, or through an electronic submission portal. Send copies of the Motion to Dismiss in the manner you stated you would in the Notice of Motion, which could be via hand delivery, U.S.You should be able to locate the contact information for the other parties in the Complaint Send a copy of your stamped Appearance and Motion forms to the counsel for the plaintiff (i.e.Conversely, when a lawsuit is dismissed without prejudice, the plaintiff retains the ability to file another lawsuit against you in the future.Īfter filing your Motion to Dismiss, take the following steps: It is also worth pointing out that a lawsuit can be dismissed “with prejudice” or “without prejudice.” When a case is dismissed with prejudice, it means the plaintiff is prohibited from filing the same case against the same defendant again. If your Motion to Dismiss is granted on all claims, the case is effectively ended and will be closed. Your motion should clearly explain the situation and provide evidence to substantiate your argument that the debt collector sued the wrong defendant. A Motion to Dismiss requests that the judge overseeing your case enter an order dismissing the debt collector's lawsuit. In the legal profession, a “motion” is a formal request for something to occur in a lawsuit that is submitted to a court. ![]() Respond with SoloSuit and get your case dismissed. If you take proactive steps to address the issue of mistaken identity, there is a good chance you could potentially get the lawsuit dismissed fairly quickly. Doing nothing and hoping the lawsuit goes away is not the right choice. If you are mistakenly sued by a debt collector and do not owe the debt, it is important to take prompt action. This leads to a needless lawsuit being filed against the wrong defendant. Smith” when the account holder was named “Jane H. This increases the risk that the debt collector inaccurately identifies an individual as the debtor (e.g., suing “Jane K. ![]() When these transactions are made, it appears certain key information regarding the account holder gets lost in translation. ![]() There are even instances where a particular debt has been sold again and again to different collection companies. This is largely due to the fact that many banks and credit card companies are opting to sell old debts and delinquent accounts for pennies on the dollar to debt collection agencies. Unfortunately, lawsuits filed against the wrong defendants are a surprisingly common occurrence and growing with regularity. Did I forget to pay a credit card bill? Was my identity stolen by someone who opened an account and racked up large, unpaid bills? You are forced to endure significant stress and anxiety until you ultimately realize that the debt collector sued the wrong defendant. Why? Because when you are served with that debt collection lawsuit, your mind is immediately inundated with unnecessary questions and concerns. Most people agree that being sued for an outstanding debt is bad, but being sued for an outstanding debt they do not actually owe is worse. Learn how to respond to debt collectors when they come for a debt that doesn't belong to you and win in court. Summary: Are you being sued for a debt that isn't yours? You have rights.
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