Motion To Dismiss In A Debt Collection Suit Instructions, Example, Sample Form
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6Motion to Dismiss in a Debt Collection Suit
Instructions, Example, Sample Form
If the Plaintiff did not give you the documents you requested in
Discovery, and they did not give you documents after you filed a
Motion to
Compel, you can file a
Motion to
Dismiss. To learn more
about Discovery and “Motion to Compel” visit
and search “Discovery + Consumer”.
These are instructions for the “Motion to Dismiss” form. We
have included an example Motion to Dismiss from Kerry
Timberland to help you understand the instructions. Kerry is a
made up person.
1.
suing you. Copy the name
At the top left corner of the
listed on the complaint
Motion form you will see
before the word “plaintiff”
.
“_____, ss”. This is where
you write the county you live
The Bank of New Debt is
in. Put in the same county
suing Kerry so she wrote
that is on the complaint that
“Bank of New Debt” on the
the plaintiff sent to you.
line before “plaintiff”.
In the example, Kerry lives in
5.
The
Dorchester so she lives in
“_____________defendant”
Suffolk County.
line needs to say who is
2.
being sued. Copy the name
On the “______ Division”
listed on the complaint
line, write in where the court
before the word “defendant”
is located.
on your answer. It is
The Court is located in
probably your name.
Dorchester so Kerry wrote in
The Bank of New Debt is
“Dorchester.”
suing Kerry so she wrote her
3.
Write in the docket number
name on the line before
on the “Docket
“defendant”.
no.________” line. You can
6.
In the body of the motion
find this number on the
fill in the information from
complaint that the Plaintiff
the Motion to Compel
sent you.
Hearing. Write:
Kerry’s number was on the
i. the Date the Judge ordered
top right corner of the
the Plaintiff to do something;
complaint so she copied it
onto the answer as “2011-
ii. what the Judge ordered them
CV-3833”
to do;
4.
iii. the date you mailed the
The
motion to compel notice;
“_____________plaintiff”
line needs to say who is
iv. the date of the hearing; and
/consumer/forms/motion-to-dismiss.pdf
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