So, both the plaintiff and the defendant can file a motion to dismiss, but that motion is going to look different depending on which party filed it.įor example, a plaintiff may file a motion to dismiss in a debt lawsuit if they want to voluntarily dismiss the case. In a debt collection case, the plaintiff is the party that initiated the lawsuit, while the defendant is the party that is being sued. In a civil lawsuit, both parties can file a motion to dismiss. Use SoloSuit to respond to debt collectors fast. Today, we will answer three questions we often receive who can file a motion to dismiss? When can I file a motion to dismiss? Can you cancel a lawsuit? You're making the argument that the plaintiff has not laid out a claim where relief can be provided, so the case should be dismissed. It alleges that even if everything that the plaintiff alleges is true, there is no legal argument for the case to go further. The Motion to Dismiss also may be called a 'demurrer.' This is where you give a written objection to a claim in a civil case. If you do not respond first with an Answer in a debt collection case, the debt collector will receive a default judgment, and you will not get a chance to file a motion to dismiss. The most important thing to remember is that you should respond with an Answer before you file the motion to dismiss. There can be many reasons that you would file a motion to dismiss. So, you are saying that the case shouldn't proceed. When you make a motion to dismiss, you're alleging that based on the allegations and facts that are in the Complaint, the claim does not have any validity. However, it's usually a pretrial motion that the defendant uses at the start of the case proceedings. You can make a motion to dismiss at any time during the case. You may be asking yourself, what exactly does that term mean? Well, a motion to dismiss is where one side of the lawsuit asks the judge to throw out or dismiss the case without reviewing all the legal arguments and case facts. If you are the subject of a legal proceeding, such as an eviction or debt collection lawsuit, you may be able to get the lawsuit thrown out of court by filing a motion to dismiss. Likewise, the person or company suing can also dismiss the case voluntarily if they realize they can't prove their claims. If you are being sued for a debt you owe, you can file a Motion to Dismiss if you have evidence that the case should be thrown out. Summary: A Motion to Dismiss is a request to dismiss a court case without further debate or consideration.
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