Credit Card Motion To Dismiss

by Nichole from Tampa, Florida, Hillsporough County

I am being sued by a Lawyer representing a collection agency that bought my HSBC credit card debt. I have requested discovery asking for all records of the account and my signature showing that I have agreed to their terms.

The only things I have gotten back are half of the statements, and affidavit from an HSBC employee and their standard agreement form, but nothing where I agreed to terms. Can I file a motion to dismiss because they cannot show proof of entire debt or my signature? If so, do you have an example?

Answer to Florida Court Forms Question

Dear Nichole,

It looks like you've done your homework. Good for you!

We don't provide specific examples of motions. As you can imagine, it would simply be an impossible task to do so.

You can use our free general motion form to construct a Motion to Dismiss.

As you stated, one of the reasons you can cite on the motion to dismiss form is for the judge to dismiss your case for lack of standing for failure to produce a legal contract.

If you need more assistance, why not ask a lawyer for a quick phone consultation for help with the wording of your motion and if there are other reasons you can cite why your case should be dismissed.

Many lawyers offer free consultations, or charge a very reasonable rate for short 1/2 hour consultations. You can use the lawyer referral service that we recommend (see below) or you can try the Live Family Law Advice service that we also recommend.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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