How to Ask for a Dismissal When Sued

In order to file a lawsuit, someone has to have done something illegal.

A dismissal in a lawsuit can be filed if the lawsuit is not valid. This means that even if the information provided by the person filing the lawsuit is true, it is either not illegal or the issue is over its statute of limitations. If a lawsuit falls into either of these categories, it can be dismissed by the court without any evidence being presented if the defendant or the defendants attorney files a motion of dismissal with the court that the lawsuit is filed in.

Instructions

1. Determine the grounds for the lawsuit to be dismissed.

2. Provide evidence showing that the lawsuit should be dismissed. For example, a collections lawsuit might be dismissed if you can prove you paid the debt already, that the debt does not belong to you or that the debt is too old to be collected on and is no longer considered valid by your state's laws.

3. File a motion with the court to have the lawsuit dismissed. Check your local courthouse for the proper procedure and format for the motion. A motion is an official legal document and if you do not have legal experience, you will be better off having a lawyer prepare the motion for you. The motion will be reviewed by a judge and a decision will be made. If the decision is made to dismiss the lawsuit, you will be notified and the lawsuit will completely disappear.

Tips & Warnings

• Laws will vary by state and county, so check your local laws for specific information about filing a motion of dismissal. Prepare to pay court costs for filing the motion or pay your lawyer for filing the motion.

References

• New Jersey Judiciary: How to File a Motion
• Credit Info Center: Vacating a Judgment
• Ohio Legal Services: Motion to Dismiss