Do you want to create a Motion to Dismiss?
Use this Motion to Dismiss is to tell the court you should win the case because you do not owe money to the Plaintiff. This motion tells the judge that the Plaintiff cannot prove they have a right to get money from you. To learn more about defenses in a debt collection case and what you can do, visit www.masslegalhelp.org/debtdefense. Use these instructions to review and file your motion.
1. Look at the motion and make sure everything it says is true and is spelled correctly.
2. Your motion is on the next page. If it is not, type 'Ctrl' + 'Enter' before the heading, COMMONWEALTH OF MASSACHUSETTS.
3.In the 'Notice of Hearing' section write the date and time of the hearing.
COMMONWEALTH OF MASSACHUSETTS TRIAL COURT
court Court Docket Number:docket
MOTION TO DISMISS
The Defendant, name, moves that this action be dismissed pursuant to Rule 17(a) of the Mass. Rules of Civil Procedure because the action is not prosecuted in the name of the real party in interest. In support of this Motion, the Defendant states the following:
Respectfully submitted by the Defendant,__________________________________________ name
Notice of Hearing
This motion is marked for hearing on____________________at______o'clock at the court Court.
CERTIFICATE OF SERVICE
I hereby certify that a true copy of this Motion to Dismiss was served upon the attorney of record for the Plaintiff, attorney by regular first class mail postage pre-paid on service.
This form was prepared using form preparation software without the assistance of counsel.