Before filing any Motions with your Court ALWAYS Check your Local Court Rules before filing to see if a Memorandum must be filed with your Motion.

Always Check your Rules of Trial Procedure before making a Motion to Your Court. There are certain ways that this needs to be written. Don’t just copy this. Your Rules of Court Apply use this only to get started on your own Motion. Follow your Rules of Court!

1. Most courts need the motion DOUBLE Spaced.
2. Some Courts request a Memorandum with the Motion and some even an affidavit.
3. Most courts request that if you are Pro Se that you put Defendant, The Your Name and then your Address and Telephone Number all under your signature.

CHECK YOUR LOCAL RULES   click here

 Motions begin with the same caption as the pleadings.DEFENDANT’S MOTION TO DISMISS CASE PURSUANT TO TRIAL RULE

The caption is followed by the name of the document which identifies it as a motion. The name must clearly and concisely identify the party who is making the motion and the nature of the request.

For example:

IN THE TYPE OF COURT OF THE STATE OF STATE

IN AND FOR THE COUNTY OF YOUR COUNTY  

1. To Dismiss this case because Example: the Plaintiff failed to state a claim upon which relief can be granted.

2. To Dismiss this case because (example) the Plaintiff failed to comply with Trial Rule_________

3. To Dismiss this case because (example) the Plaintiff failed to attach a copy of Assignment showing they are the real party in interest.

You can end the motion with:

Wherefore, the Defendant requests that the court order the following relief:

Number what you want out of this motion here

OR

Wherefore, the Defendant requests that the court Dismiss this Case with Prejudice and for all other proper relief.

                                                                                       _______Sign Here________

I GOT MY JUNK DEBT BUYER LAWSUIT DIMISSED BY USING THIS Click Here for More Information
AND SO CAN YOU!

 Take a look at the Summons.

Read your Complaint.

The First thing you want to ask yourself is:

1. Does your State require the Written Instrument to be attached to the Complaint? Meaning the contract that they are suing you for? If so, is it attached? Find out by checking your Local Court Rules of Trial Procedure:

For Instance I am from Indiana and here is mine it is under Written Instruments:

Which means that IT IS REQUIRED. The Plaintiff if suing for Breach of Contract must Attach the Contract that is being Claimed with the Complaint.

1. If it is required and it is not attached you can file a Motion to Dismiss because the Plaintiff failed to comply with your Trial Rule.

I would file a Motion to Dismiss for failure to comply with Trial Rule 9.2 (INDIANA)

Motion To Dismiss For Failure to Comply with Indiana Trial Rule 9.2

The Defendant asks this court to dimiss this complaint because the Plaintiff failed to comply with Indiana Trial Rule 9.2.

Wherefore, the Defendant asks this court to dimiss this case with prejudice and for all other proper relief.

2. Is this Debt Time Barred? Meaning have the years run out for the Plaintiff to use the courts to sue you? Another meaning would be the Statute of Limitations.

Each State has their own Statute of Limitations for collecting a Debt. I live in Indiana so my Statute of Limitations for Collecting a Debt is 6 years on an open Contract and 6 years on a Written Contract.

If I defaulted (the last date that I made a payment to this account) from the year 2003 and earlier all of the lawsuits that come at me are time barred. The Statute of Limitations have run out for the Plaintiff to legally collect their money.

Therefore, if the Debt is Time Barred I would file a Motion To Dismiss on those grounds alone. Get a copy of your credit report, make a copy and staple it to your Motion to Dismiss.

Motion To Dismiss Case Pursuant to Indiana Code 34-11-2-9

The Defendant asks this court to Dismiss this case because the Plaintiff is Time Barred Pursuant to Indiana Code 34-11-2-9 which states 6 years to collect debts.

The Defendant defaulted on this Account January 2002 (see attached) which leaves the Plaintiff Time Barred to Collect.

Wherefore, the Defendant prays that this court will Dismiss this Case with prejudice and for all other proper relief.

 Is the Assignment attached to the Complaint? Should it be according to your Trial Rules?

1. If so, you can file a motion to dismiss for Failure to Name the Real Party in Interest

If none of the above applies to you:

Is there an Affidavit attached to the Complaint? Is the affidavit signed by someone who is employed by the Original Creditor? Is it signed by someone who is employed by the Junk Debt Buyer?

An affidavit is sometimes grounds enough alone if uncontested to get a judgment.

Hearsay – Look under your Rules of Evidence. You may be able to file a Motion to Strike the Affidavit. Only if the Contract or Assignment is not required to be attached to complaint and the Affidavit is from the Junk Debt Buyer’s employee after reviewing your Local Court Rules, if this is considered Hearsay you might want to Motion to Strike!