It is also worth pointing out that a lawsuit can be dismissed “with prejudice” or “without prejudice.” When a case is dismissed with prejudice, it means the plaintiff is prohibited from filing the same case against the same defendant again. If your Motion to Dismiss is granted on all claims, the case is effectively ended and will be closed. Your motion should clearly explain the situation and provide evidence to substantiate your argument that the debt collector sued the wrong defendant. A Motion to Dismiss requests that the judge overseeing your case enter an order dismissing the debt collector's lawsuit. In the legal profession, a “motion” is a formal request for something to occur in a lawsuit that is submitted to a court. Respond with SoloSuit and get your case dismissed. If you take proactive steps to address the issue of mistaken identity, there is a good chance you could potentially get the lawsuit dismissed fairly quickly. Doing nothing and hoping the lawsuit goes away is not the right choice. If you are mistakenly sued by a debt collector and do not owe the debt, it is important to take prompt action. This leads to a needless lawsuit being filed against the wrong defendant. Smith” when the account holder was named “Jane H. This increases the risk that the debt collector inaccurately identifies an individual as the debtor (e.g., suing “Jane K. When these transactions are made, it appears certain key information regarding the account holder gets lost in translation. There are even instances where a particular debt has been sold again and again to different collection companies. This is largely due to the fact that many banks and credit card companies are opting to sell old debts and delinquent accounts for pennies on the dollar to debt collection agencies. Unfortunately, lawsuits filed against the wrong defendants are a surprisingly common occurrence and growing with regularity. Did I forget to pay a credit card bill? Was my identity stolen by someone who opened an account and racked up large, unpaid bills? You are forced to endure significant stress and anxiety until you ultimately realize that the debt collector sued the wrong defendant. Why? Because when you are served with that debt collection lawsuit, your mind is immediately inundated with unnecessary questions and concerns. Most people agree that being sued for an outstanding debt is bad, but being sued for an outstanding debt they do not actually owe is worse. Learn how to respond to debt collectors when they come for a debt that doesn't belong to you and win in court. Summary: Are you being sued for a debt that isn't yours? You have rights.
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