Dealing with debt lawsuits can be stressful, but in some cases, you may be able to get the lawsuit dismissed. Here are some of the most effective ways to get a debt lawsuit dismissed.
Prove You Don’t Owe the Debt
One of the best defenses against a debt lawsuit is to prove that you don’t actually owe the debt in question. This could be for several reasons:
- The debt is not yours and belongs to someone else
- You already fully paid off or settled the debt
- The debt is too old and past the statute of limitations in your state
To prove you don’t owe the debt, gather any evidence you have, like payment records, letters disputing the debt, or proof the debt is not yours. Present this to the court to show the debt collector has no grounds to sue you over a debt that can’t be verified or validated.
Show FDCPA Violations
If the debt collector is violating the Fair Debt Collection Practices Act (FDCPA), you may be able to get the lawsuit dismissed. The FDCPA prevents collectors from using unfair, deceptive, or harassing practices when collecting debts.
Some common FDCPA violations include:
- Falsely representing the amount or status of a debt
- Failing to properly validate and verify a debt when disputed
- Calling at inappropriate times or contacting third parties about the debt
Document any FDCPA violations and report them. This can strengthen a motion to dismiss if the collector is acting unlawfully.
File a Motion to Dismiss
You can also file a motion to dismiss the lawsuit entirely based on lack of evidence, lack of jurisdiction, expired statute of limitations, or other procedural grounds. An experienced lawyer can identify the appropriate grounds and help craft a convincing dismissal motion.
Negotiate a Settlement
Settling directly with the debt collector may also lead to the dismissal of the lawsuit. By offering partial payment, you may be able to negotiate a settlement for less than the full amount owed and obtain a dismissal of the lawsuit.
Respond Promptly and Keep Good Records
No matter your approach, make sure to respond to the lawsuit on time and maintain thorough records. This will help strengthen your case and avoid a default judgment against you. Contact a debt defense lawyer immediately for assistance fighting the lawsuit strategically.
With the right evidence and legal strategy, you may be able to successfully dismiss a debt collection lawsuit. Consult with a lawyer to understand your specific rights and options. Don’t ignore debt lawsuits and risk garnishment of wages or other consequences. Instead, fight back intelligently.
