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    elliotent's Avatar
    elliotent Posts: 1, Reputation: 1
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    #1

    Jun 23, 2009, 03:07 PM
    Motion to dismiss a debt collections suite
    Is there a standard form for motion to dismiss for debt collectors? I filled a letter with the collections laywer disputing the charges and requesting that they be referred back to the creditor. This was ignored and the law firm filled a civil suit in small claims court in Tampa Fl.

    I have submitted a copy of the letter to the court file. And am told I need to file for a motion to dismiss based on the letter.


    Where can I find an example of one?

    Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jun 23, 2009, 03:26 PM

    What grounds do you have for dismissal? If you received a summons for a suit, then you need to file an Intent to Defend and request a hearing. At the hearing you can make your motion to dismiss. But not before.

    Apparently the plaintiff feels that they have a valid case so your request for referral back to the original creditor may have no merit.
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