Legal Question in Credit and Debt Law in Texas

How Do You File a ''Motion of Dismissal''

How do you file a ''motion of dismissal'' with a court? I believe the collections case pending against me is not valid as the last payment I made on the account was 4 1/2 years ago which would be outside the statute of limitations in Texas. Also, the collector violated the Fair Debt Collections Practices Act by not answering my written request for verification of the debt that I sent within the 30 day period after being contacted. Can I do this myself or must I use an attorney? Thanks


Asked on 1/28/04, 2:59 pm

2 Answers from Attorneys
Sharon Campbell Sharon K. Campbell

Re: How Do You File a ''Motion of Dismissal''

You would be advised to have an attorney. If you win on a counterclaim of the Fair Debt claim, attorney fees are recoverable as well. Basically, the statute of limitations is an affirmative defense which must be raised. If this is in the Dallas area, feel free to call me.

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Answered on 1/28/04, 3:34 pm
Peter Bradie Bradie, Bradie & Bradie

Re: How Do You File a ''Motion of Dismissal''

I would strongly suggest using an attorney, since you are asserting both a counterclaim (the FDCPA) and an affirmative defense (linitations). It would be relatively easy, and unfortunate, to get blown out of the water on procedural issues.

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Answered on 1/28/04, 4:35 pm


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