If you got sued by a creditor and are facing a debt lawsuit, it is fair to wonder if you can get the case dismissed. Our firm has handled thousands of debt defense lawsuits and over the years we have seen everything from creditors. In many instances, a debt lawsuit can be dismissed, but getting a case dismissed is not so cut and dry - meaning that just because the lawsuit should be dismissed does not mean that it will get dismissed. For example, we have protected a client against a stubborn creditor who filed a lawsuit when they had no grounds to do so; even when we brought the information to the creditor’s attention, they decided to go forward with the lawsuit anyway. Ultimately, just before we were going before the judge, the plaintiff decided to dismiss the case.
The reason we referred to these specific creditors as stubborn is because they knew they were in the wrong by trying to offer settlements to our client. Nevertheless, they kept insisting on offering lower and lower settlements (to which we kept refusing on the grounds of accord and satisfaction) before they ultimately dismissed the lawsuit. If you haven’t figured it out by now, creditors can be a real pain in negotiations. If this creditor was acting ethically, they would have not pursued at collecting a settlement amount. But just because our client didn’t pay the creditor, doesn’t mean creditors don’t take advantage of people in these types of lawsuits every single day. Many people pay-off debts that they simply don’t owe! For this reason, we recommend consulting with an experienced debt defense attorney about having your case reviewed. You may very well owe the debt back to your creditor, but it always makes sense to review the options and see if there are considerations for a dismissal.
Common instances where a debt lawsuit can get dismissed are as follows:
Debt lawsuits are circumstantial. Whether your case can be dismissed will depend on the specific details involved in your lawsuit. Where we see people fail at getting their debt dismissed is when they try to represent themselves in the case; this happens because they don’t have the leverage of a law firm and may just not be aware of the legal recourse available to them. There’s never a guarantee that a debt lawsuit will be dismissed, but knowing all the options and possible defenses will give you the best chance at the possibility.
