What Is a Request for Dismissal?

Debt collection lawsuits are no joke. They typically involve two parties, known as the plaintiff and the defendant. The plaintiff is the creditor or debt collector that initiated the case. The defendant is the debtor, or the person who supposedly owes money.

Dealing with debt is always stressful, but there are steps you can take to have your case dismissed. If you are dealing with the original creditor then you have less of a chance for a dismissed case, but debt collection cases are most often handled by debt collectors. Although a dismissal is not always a possibility, it never hurts to try.

When you're being sued for an old debt, you want to make the right defense. Learn all about how a Request for Dismissal works and how it can help you win in court.

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What is a Request for Dismissal?

If you are involved in a debt collection lawsuit, your hope is typically to get it over and done with. One option is to ask the judge to dismiss the case, known as a “Request for Dismissal”. This term is essentially asking the court to end your case without further consideration.

Both parties to a civil case can file a Request for Dismissal, but the reasons for doing so will vary greatly. To illustrate, let’s take a look at the US Federal Rules of Civil Procedure Rule 41(a)(1), which states:

“(a) Voluntary Dismissal.

(1) By the Plaintiff.

(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have appeared.

(B) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits."

This means that the plaintiff, or the creditor or debt collector in a debt collection case, can file a Request for Dismissal at any point of the lawsuit and have it dismissed without an official court order. This would be considered a voluntary dismissal. In this situation, the Request for Dismissal must be filed before the defendant responds to the case, otherwise, the dismissal must be signed by both parties.

A voluntary Request for Dismissal is automatically without prejudice, unless specifically stated otherwise. A ​​Request for Dismissal without prejudice means that the plaintiff can start a new case involving the same claim at some point in the future.

On the other hand, a Request for Dismissal with prejudice means that the same claim cannot be brought up or re-filed in court ever again.

Rule 41(a)(2) goes on to say:

"(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff's request only by court order, on terms that the court considers proper. If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication. Unless the order states otherwise, a dismissal under this paragraph (2) is without prejudice.”

In other words, most Requests for Dismissal must be accompanied by a court order. A court order is basically a legal document, signed by the judge, that usually concludes a case.

If the defendant has filed a counterclaim in response to the case, and the plaintiff wants to file a Request for Dismissal, the court will only grant the dismissal if the counterclaim can continue to stand as its own case.

Now that we’ve explored rules for plaintiffs filing a Request for Dismissal, let’s take a look at what federal law says about defendants filing a Request for Dismissal.

US Federal Rules of Civil Procedure Rule 41(b) states:

“(b) Involuntary Dismissal; Effect. If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it. Unless the dismissal order states otherwise, a dismissal under this subdivision (b) and any dismissal not under this rule—except one for lack of jurisdiction, improper venue, or failure to join a party under Rule 19—operates as an adjudication on the merits.”

So, if a plaintiff fails to follow court rules or a court order, the defendant can file a Request for Dismissal. If granted, this dismissal is considered an “adjudication on the merits”, which means that the plaintiff cannot bring the same claim before the court again because all the legal and factual claims have already been considered.

Now that you have a deeper understanding of the meaning of Request for Dismissal and who can file it in a civil case, let’s consider reasons why both parties might do so.

Reasons why a plaintiff might Request for Dismissal

In some cases, a plaintiff might request for a case to be dismissed. There are a few reasons why they might do this.

• The debt was settled out of court.
• An agreement has been reached and both parties wish to end the case.
• The judgment has been satisfied.
• You have not responded to the lawsuit but the debt collector wants to sue you at a later time.
• The plaintiff realizes they do not have a strong case.
• It would cost more to continue the legal battle than to settle the case outside of court.

Again, a dismissal “with prejudice” means that the case may never be re-filed. A dismissal “without prejudice” allows the plaintiff to re-file a case for the same claim at a later date (as long as it is still within the statute of limitations).

Let’s consider an example.

You can settle your debt before court and have the case dismissed too. Check out this video to learn more:

Reasons why a defendant might Request for Dismissal

Likewise, a defendant may have several reasons to Request for Dismissal. Here are a few:

• Motion to dismiss due to the statute of limitations. The statute of limitations is the time period on a debt in which a debt collector may bring you to court to sue you for not paying it. If the time period between the debt and filing charges exceeds the statute of limitations, the debt becomes time-barred. This time period usually averages anywhere from three to six years but varies based on the state and type of debt.


• Motion to dismiss due to insufficient evidence. When you are being sued for a debt, you should always ask for proof of your responsibility for the debt. This is essential because if the debt collector cannot prove that the debt is yours, there will be insufficient evidence to force you to pay it. This is because the burden of proof rests with the debt collector.


• Motion to dismiss on factual grounds. Also known as a C4 motion, this motion to dismiss is typically because both the defendant and the prosecution agree on what happened. In this case, there will be no more need for a trial to continue. In a criminal case, the judge will then decide if your actions were criminal or not.

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Dismissals before trial

In many situations, debt collection cases are dismissed by forcing the prosecution to provide documents supporting your debt. Because debt collectors often file thousands of these cases each year, they may not even respond to the request. In this case, they may also dismiss the case because of insufficient evidence (as mentioned above).

Additionally, debt collectors often purchase these debts for pennies on the dollar in large bulk accounts. Typically, they would rather avoid spending money on legal fees and settle the debt outside of court.

If the credit card company or debt collector does have proof that the debt is yours, you still have a chance. If you can find some type of error in their paperwork, then you can request that the case be dismissed.

Make the right defense the right way with SoloSuit.

Dismissals at trial

Should the company not actively pursue their claim against you by failing to attend a hearing or trial, there is a good chance the court will automatically dismiss your case. This is called a "Dismissal for Want of Prosecution."

This type of dismissal usually occurs at a trial or hearing. If you arrive at the trial and the attorney for the credit card company does not, then the case may be dismissed automatically, and you will automatically win. Likewise, if you don’t show up in court, the judge will order a default judgment against you, meaning you will automatically lose the case.

In some lawsuits, you may even win your case and they owe nothing to the opposition. This is possible if you show that the documents are not clear, that the affidavits are not trustworthy, or the debt collector did not legally acquire your account.

Request for Dismissal example

Court documents can be confusing. You’re probably wondering, “what does a Request for Dismissal even look like?” Well, we’ve attached a real example of a Request for Dismissal below, which was filed into a debt collection lawsuit in California.

This document comes from a real case in which a SoloSuit customer used the SoloSuit Answer form to respond to his debt lawsuit.

As you can see in the form above, the case was dismissed voluntarily by the plaintiff, LVNV Funding. The dismissal was granted by the court without prejudice, meaning LVNV Funding could start a new case for the same claim in the future, if they so desire.

You can increase the chances of having your case dismissed when you respond to your debt lawsuit by filing an Answer into the case. SoloSuit can help you draft and file an Answer in minutes in all 50 states.

Respond to your debt lawsuit and increase your chances of a case dismissal.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

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