How To Get A Debt Lawsuit Dismissed?

Want to know how to get a Debt Lawsuit dismissed? We got you!

Getting sued for unpaid debt is a frightening experience. The prospect of being taken to court and the possibility of having a judgment entered against you can be overwhelming.

But if you know your rights and take some simple steps, you may be able to get the lawsuit dismissed.

How To Get A Debt Lawsuit Dismissed?

In this article, we will discuss how to get a debt lawsuit dismissed. Read on to learn more.

Read: What Is Debt Validation Letter?

Read: Average Student Loan Debt?

Step 1: Answer The Complaint

The first step in getting a debt lawsuit dismissed is to answer the complaint.

This may seem obvious, but many people ignore the summons and complaints altogether, thinking that if they do not respond, the case will simply go away. Unfortunately, this is not the case.

If you are served with a summons and complaint, you must take action. The best course of action is to file a written response with the court.

This is called an “answer.” By filing an answer, you are telling the court that you dispute the debt and intend to fight the case.

Step 2: Raise Defenses In Your Answer

In your answer, you can raise defenses against the lawsuit. These defenses may be based on the statute of limitations or on the fact that you do not owe the debt.

For example, if the debt is more than four years old, you can raise the statute of limitations as a defense.

This defense will bar the creditor from suing you and will result in the dismissal of the case.

If you do not owe the debt, you can also raise this as a defense. You will need to provide evidence to support your claim that you do not owe the debt.

This could be in the form of canceled checks or correspondence from the creditor indicating that the debt has been paid.

Step 3: File A Motion To Dismiss

If you have raised defenses in your answer, you can also file a motion to dismiss. This is a formal request to the court to dismiss the case.

The court will consider your defenses and decide whether or not to dismiss the case.

A motion to dismiss is a powerful tool and can often result in the case being dismissed outright.

Step 4: Go To Court

If you have filed an answer and raised defenses, you will need to go to court for a hearing. This is called a “status conference” or a “pretrial conference.”

At this hearing, the judge will consider your defenses and decide whether or not to dismiss the case.

If the judge decides that your defenses are valid, the case will be dismissed. If the judge decides that your defenses are not valid, the case will proceed to trial.

At trial, a jury will decide whether or not you owe the debt. If you are found liable, a judgment will be entered against you.

If you are successful in getting the case dismissed, you will not have to worry about a judgment being entered against you.


The Bottom Line

Getting a debt lawsuit dismissed is not always easy, but it is possible. If you take the time to understand your rights and take action, you may be able to get the case dismissed.

As always, prevention is the best medicine. If you are having trouble making your payments, contact your creditor and try to work out a payment plan, you can also use a debt relief company to help you with the same. This will help avoid a lawsuit in the first place.


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