How to File a Motion to Dismiss Debt

When a plaintiff seeks repayment of an expired debt -- meaning the statute of limitations runs out -- or cannot prove that a defendant is the actual owner of the debt, the defendant may file a motion to have the case dismissed. The motion must meet local standards and answer the debt summons. You do not need a lawyer to file the motion, and preparing the paperwork is very straightforward.

Instructions

1

Read your summons carefully or contact the county clerk to determine if a memorandum must be filed with your motion. A memorandum is a short written record of your case and is required by some local courts.

2

Purchase a blank motion to dismiss debt template from a legal document supplier or request the form from your county clerk.

3

Complete the form according to local rules. For example, you may have to double-space the motion.

4

State your reasons for the dismissal. For example, if the plaintiff failed to attach a copy of the original contract showing you are the owner of the debt, deny ownership of the debt and ask the court to dismiss this case. Present the facts of the case, your argument for the dismissal and the conclusion you want.

Sign the motion and enter a signing date.

5

File the motion where the case is on calendar. Visit the courthouse in person and speak with the county clerk or mail the motion to the address printed on your summons. Comply with local rules.