How to Get a Debt Lawsuit Dismissed in Texas

When a debt collector files a lawsuit, they’re making a bet. They’re betting you won’t respond, allowing them to win an easy default judgment. Don’t let them win that bet. Responding to the lawsuit is your most powerful first move, signaling that you won’t be an easy target. Many of these cases are built on shaky ground, with missing paperwork and incomplete records. Your job is to challenge every claim and force them to produce the evidence they need to win—evidence they often don’t have. This guide will give you the tools and strategies to do just that. We’ll cover the critical steps, from filing your initial Answer to understanding the key arguments for how to get a debt lawsuit dismissed in Texas.

Key Takeaways

• File a Timely Answer: Your most critical first step is to formally respond to the lawsuit before the deadline. Ignoring the case or missing your deadline allows the debt collector to win an automatic judgment against you, so make filing your Answer the top priority.
• Make the Plaintiff Prove Everything: The company suing you has the complete burden of proof. It is their job to provide valid evidence that the debt is yours, the amount is correct, and they have the legal right to sue you. A strong defense challenges them on every one of these points.
• Organization is Your Best Defense: Keep a dedicated file for every document, track all deadlines on a calendar, and communicate with the collector in writing. Following court rules and procedures carefully is just as important as the arguments you make in your case.

What is a Debt Lawsuit in Texas?

Getting a notice that you’re being sued for a debt can feel overwhelming, but it’s a situation you can manage with the right information. A debt lawsuit is a legal action a creditor or debt collector takes to force you to pay a debt they claim you owe. It’s not just a letter asking for money; it’s a formal case filed in court.

Most debt collection lawsuits in Texas are filed in Justice Courts, which have more simplified rules than other courts. The company suing you, called the plaintiff, has the job of proving to the judge that you owe the debt and that they have the legal right to collect it. Your role, as the defendant, is to respond to the lawsuit and defend your rights. Ignoring the lawsuit is the worst thing you can do, as it almost always results in an automatic loss. By understanding the process, your deadlines, and your rights, you can stand up for yourself and challenge the case against you.

How the Lawsuit Process Begins

The lawsuit officially starts when you are “served” with legal papers. This usually means a sheriff, constable, or private process server hands you a copy of the lawsuit, which includes a Citation (a notice to appear in court) and a Petition (the document explaining why they are suing you). It’s crucial to take these documents seriously. If you do nothing, the court will likely issue a “default judgment” against you. This means the plaintiff wins automatically because you didn’t respond. A default judgment gives the collector powerful tools to collect the money, like garnishing your bank account. The entire process is designed to move forward, so your first step is simply to respond.

Know Your Deadlines

In a Texas Justice Court, you have a very specific and strict deadline to respond. You must file a written “Answer” with the court by the end of the 14th day after you were served. To be precise, your Answer is due by the end of the day on the first Monday after those 14 days have passed. Filing an Answer is how you officially tell the court and the plaintiff that you plan to fight the case. Missing this deadline is a critical mistake that can lead directly to a default judgment. You can find helpful resources and forms for answering a debt claim on the Texas Law Help website.

Understand Your Rights

Being sued doesn’t automatically mean you have to pay. The law gives you rights, and the most important one is the right to make the plaintiff prove their case. The company suing you has the “burden of proof,” meaning they must provide valid evidence that the debt is yours, the amount is correct, and they have the legal standing to sue you. Many lawsuits are filed by debt buyers who purchase old debts from original creditors. These companies often lack the original paperwork needed to win in court. Understanding your debt collection rights is the first step in building a strong defense and holding the plaintiff accountable for their claims.

What to Do Immediately After Being Served

Being served with a lawsuit is a jarring experience, but don't panic. The moments after you receive those papers are critical, and taking a few deliberate steps can set you up for a much stronger defense. Ignoring the lawsuit won't make it disappear; in fact, it's the worst thing you can do. Instead, take a deep breath and focus on these four initial tasks. They will help you understand the case against you, protect your rights, and prepare for what comes next.

Read Every Document Carefully

Your first instinct might be to set the papers aside, but it's important to go through every single page. The documents you were served—usually a Citation and a Petition—contain all the details about the lawsuit. Look closely at the lawsuit papers to make sure they have all the required information about the debt, the company suing you, and the original contract. According to the Heston Law Firm, if key information is missing or seems vague, you might have grounds to challenge the case later on. Note any inconsistencies or missing details, as these could become important parts of your defense strategy.

Calculate Your Deadline to Respond

In Texas, the clock starts ticking the moment you are served. You have a very specific, and very strict, deadline to respond to the lawsuit. Filing an Answer is how you officially tell the court and the plaintiff that you intend to fight the case. According to Justice in Texas, you generally have 14 days to file a written "Answer." If you miss this deadline, the debt collector can ask the court for a default judgment against you, meaning you automatically lose. Mark this date on your calendar immediately.

Keep a Record of Everything

From this moment forward, organization is your best friend. You need to document everything related to the debt and the lawsuit. Create a dedicated folder—either physical or digital—to store all your paperwork. This includes the lawsuit documents you were just served, any past letters from the debt collector, and any records you have of the original debt. If you speak with anyone from the collection agency, take detailed notes of the conversation. This collection of evidence will be invaluable as you build your defense.

Decide if You Need a Lawyer

While you can represent yourself, getting professional legal advice can make a huge difference. For the best chance of success, it's wise to talk to a lawyer who specializes in consumer debt defense. They understand the specific laws and court procedures in Texas and can quickly identify weaknesses in the debt collector's case that you might miss. Many attorneys offer free initial consultations, which is a great, no-risk way to get an expert opinion on your situation. A lawyer can help you draft and file your Answer and represent you in court.

How to File a Strong Answer

After you’ve been served with a lawsuit, your first official move is to file a document called an "Answer." This is your formal response to the debt collector's claims, and it's your chance to tell the court you're ready to defend yourself. Ignoring the lawsuit won't make it disappear; in fact, it's the fastest way to lose. Filing a strong Answer protects your rights and forces the debt collector to prove their case. It signals that you won't be an easy target and sets the stage for your defense. Think of it as raising your hand and saying, "I'm here, and I dispute this."

Key Parts of Your Answer

Your Answer is a formal legal document, but you don't need to be a lawyer to understand its basic components. In Texas, you generally have 14 days to file your Answer after being officially served. The document should include the case information (like the court, case number, and names of the parties), your responses to the specific claims made against you, and any defenses you plan to use. It’s crucial to follow the court's formatting rules. Many Texas courts provide templates or forms you can use to ensure you include all the necessary information and present it correctly to the clerk.

Admitting or Denying the Claims

The core of your Answer is responding to each numbered paragraph in the plaintiff's petition. For each claim, you have three options: admit it, deny it, or state that you don't have enough information to admit or deny it. In most debt collection cases, filing a "general denial" is a powerful strategy. This is a straightforward statement that you deny all of the plaintiff's allegations. A general denial requires the debt collector to prove every single part of their case from scratch, including that you owe the debt and that they have the legal right to collect it.

List Your Affirmative Defenses

Beyond simply denying the claims, you should also list any "affirmative defenses" you have. An affirmative defense is a reason why the plaintiff shouldn't win, even if their claims are true. For example, maybe the debt is too old for them to legally collect on it—this is called the statute of limitations. Other common defenses include that you already paid the debt, the court lacks jurisdiction over you, or you were a victim of fraud or identity theft. Listing these defenses in your Answer is critical because you might lose the right to use them later if you don't.

Avoid These Common Filing Mistakes

The single biggest mistake you can make is failing to file an Answer at all. If you miss your deadline, the debt collector can ask the court for a "default judgment." This means you automatically lose the case without ever getting a chance to tell your side of the story. The collector can then try to garnish your bank account or place a lien on your property. Other mistakes include filing your Answer late, forgetting to sign it, or not sending a copy to the plaintiff's attorney. Pay close attention to deadlines and procedural rules to keep your case alive.

Follow the Court's Filing Rules

Filing your Answer correctly is just as important as writing it. You must file the original document with the court clerk and send a copy to the lawyer who sued you (this is called "service"). You can find the lawyer's address on the lawsuit papers. Be sure to keep a copy for your own records. After filing, always show up for any scheduled court dates. If you don't appear, the judge can issue a default judgment against you. On the flip side, if the collection attorney is a no-show, you can ask the judge to dismiss the case.

Common Defenses That Can Win Your Case

When you file your Answer with the court, you do more than just respond to the claims against you; you also get to present your defenses. These are specific legal arguments for why the company suing you (the plaintiff) shouldn't win. Think of them as your strategic counter-moves. A strong defense can challenge the very foundation of the plaintiff's case, and if you can prove it, the court may rule in your favor or dismiss the lawsuit entirely. It’s essential to list all your potential defenses in your Answer document. If you don't raise them at the beginning, you might lose the chance to use them later on. Understanding these defenses is the first step toward building a solid case strategy. Below are some of the most common and effective defenses that people successfully use in Texas debt collection lawsuits.

The Debt is Too Old (Statute of Limitations)

In Texas, there's a time limit on how long a creditor can wait to sue you over a debt. This is called the statute of limitations, and for most consumer debts like credit cards, it's four years. The clock typically starts ticking from the date of your last payment. If a creditor files a lawsuit after this four-year window has closed, the debt is considered "time-barred." This is a powerful defense because it doesn't matter if you actually owe the money; if they waited too long to sue, they've lost their right to use the courts to collect it. You can learn more about the statute of limitations for Texas debt to determine if it applies to your case.

They Can't Prove They Own the Debt (Lack of Standing)

Often, the company suing you isn't the one you originally owed money to. Debts are frequently bought and sold, sometimes multiple times over. The plaintiff suing you must prove they have the legal right, or "standing," to collect the debt. This means they need to show a clear paper trail—often called a "chain of title"—that documents every single time the debt was sold, from the original creditor all the way to them. If they can't provide this complete history, they may lack the standing to sue you. It’s their responsibility to prove ownership, and if their records are messy or incomplete, you can challenge their right to bring the lawsuit at all.

You Weren't Served Correctly

The law has very specific rules about how you must be officially notified of a lawsuit. This formal process is called "service of process." Someone has to physically deliver the lawsuit papers (the citation and petition) to you in a legally approved way. For example, leaving the documents with a child or just dropping them on your doorstep usually doesn't count as proper service. If the plaintiff didn't follow these rules perfectly, you can argue that you weren't properly served. A failure to follow the correct legal procedures for serving you can be grounds for dismissing the case, though they may be able to refile and try to serve you again correctly.

It Wasn't Your Debt (Identity Theft)

If you're being sued for a debt that you never actually incurred, it could be a case of identity theft or fraud. This is a complete defense because you can't be held responsible for a debt that isn't yours. To use this defense effectively, you'll need to provide evidence that you were a victim of fraud. This might include a police report you filed about the identity theft, affidavits, or correspondence you had with the original creditor when you first disputed the fraudulent charges. Proving the debt resulted from identity theft is a strong way to get the lawsuit dismissed and protect your credit from further damage.

They Don't Have Enough Proof

In any debt lawsuit, the burden of proof is on the plaintiff. It's their job to prove to the court that you owe the money, and they have to do it with solid evidence. Simply stating that you owe a certain amount isn't enough. They need to produce key documents, like the original signed credit agreement and a complete history of your account statements showing how they calculated the total they claim you owe. If they have incomplete records or can't produce the original contract, you can argue they don't have sufficient evidence to win their case. This forces them to back up their claims with actual proof, which many debt buyers struggle to do.

How to File a Motion to Dismiss

A Motion to Dismiss is a formal request asking the court to throw out the lawsuit entirely. If the person suing you made a critical error when they filed the case, you might be able to get it dismissed on a technicality. This doesn’t make the debt disappear, but it does mean the debt collector has to go back to square one and start the process over—something they may not have the time or resources to do. Filing this motion requires careful attention to the rules, but it can be a powerful way to challenge the lawsuit from the very beginning.

Reasons the Court Might Dismiss Your Case

A court can only hear a case if it has the proper authority, which is called "jurisdiction." If the debt collector filed the lawsuit in the wrong court, you can ask for a dismissal. In Texas, for example, Justice Courts can only handle lawsuits for debts up to $20,000. If your alleged debt is for more than that, the case was filed in the wrong place. Another common reason is improper venue, which means they sued you in the wrong county. Generally, they must sue you where you live or where you signed the contract. A debt collector’s failure to follow these fundamental rules can be grounds for the court to dismiss the case.

What Paperwork You'll Need

To ask the court to throw out the case, you need to prepare and file a formal document called a Motion to Dismiss. This isn't just a simple letter; it's a legal document where you must clearly state the specific reasons why the lawsuit should be dismissed. You’ll need to explain the legal basis for your request, such as the court’s lack of jurisdiction or another procedural error made by the plaintiff. You can’t simply state that you don’t owe the money. Your motion must be based on the law and the court's rules. You can often find templates or forms on your local court’s website or through TexasLawHelp.org to help you structure your document correctly.

The Steps to File Your Motion

Filing your motion involves a few key steps. First, you’ll draft the motion, making sure to include all the necessary information and legal arguments. Once it’s complete, you must file the original document with the court clerk. The clerk will stamp it and give you back copies. Next, you have to formally notify the other party by "serving" them with a copy of your motion. This ensures they are aware of your request. Always check the Texas Rules of Civil Procedure and your specific court's local rules, as they outline the exact process you need to follow, including deadlines and how to properly serve documents.

How to Handle Court Fees

Filing a motion with the court usually comes with a fee. If you can’t afford to pay the court costs, you don’t have to give up. You can ask the court to waive the fees by filing an additional form called a "Statement of Inability to Afford Payment of Court Costs." This document, sometimes called a pauper's affidavit, explains your financial situation to the judge. If the judge approves your request, you can file your documents and proceed with your case without paying the fees upfront. You can typically get this form directly from the court clerk or download it from the official Texas courts website.

Create Your Defense Strategy

Once you’ve filed your Answer with the court, your focus shifts to building your case. A strong defense strategy is about more than just denying the claims; it’s about actively challenging the debt collector and making them prove every single part of their lawsuit. This is your opportunity to go on the offensive. You’ll start by organizing your own records, formally demanding critical evidence from the other side, and exploring all your options—which might even include settling the case out of court. Taking these proactive steps can dramatically improve your chances of success and may even get the lawsuit thrown out entirely. This phase is where you put the burden of proof squarely back on the plaintiff’s shoulders, forcing them to justify their legal action against you.

Gather Your Evidence

The best part about being the defendant in a debt lawsuit is that the burden of proof is on the company suing you, not on you. To win, they must provide the court with solid evidence showing you owe the debt, they have the legal right to collect it, and the amount they’re demanding is accurate. This usually means producing the original signed contract and a full history of account statements. Your job is to gather all of your own records related to the account. Find any statements, letters, emails, or proof of payments you have. If their documents are missing information or don’t line up with your records, you can use those inconsistencies to challenge the lawsuit.

Demand Proof of the Debt

A debt collector can’t win a lawsuit just by saying you owe them money; they have to prove they have the legal right, or “standing,” to sue you. Debts are frequently bought and sold, sometimes multiple times, and essential paperwork often gets lost in the shuffle. The company suing you must be able to show a clear chain of ownership from the original creditor all the way to them. You have the right to demand they produce this proof. If they can’t provide a complete and unbroken chain of title for the debt, they may not have the legal standing to sue you, which is a powerful defense that can lead to a debt lawsuit dismissal.

Consider Negotiating a Settlement

Even after a lawsuit is underway, the option to negotiate a settlement is almost always available. Many debt collection law firms would rather accept a guaranteed partial payment now than risk losing in a long and expensive court battle. You can contact the plaintiff’s attorney to discuss settling the debt for a lower amount or setting up a manageable payment plan. Don’t be afraid to start with a low offer—it’s a negotiation, after all. Most importantly, if you reach an agreement, insist on getting every detail in a signed document before you send any money. This written agreement should clearly state that your payment satisfies the entire debt and that they will file to dismiss the lawsuit.

What is the Discovery Process?

Discovery is the formal legal process where both sides exchange information and evidence related to the case. This is your official chance to request specific documents from the debt collector, like the original credit agreement or proof that they own the debt. In Texas, you can do this by sending formal requests called "Requests for Production" (for documents) and "Interrogatories" (for written answers to questions). If the creditor fails to provide the requested proof within the legal deadline, typically 30 days, you can ask the court to force them to respond or even dismiss their case. The discovery process is one of the most effective tools for uncovering weaknesses in the plaintiff's case.

How to Represent Yourself in Court

Understand Courtroom Rules

Walking into a courtroom can feel intimidating, but knowing what to expect makes a huge difference. Every court has its own local rules and procedures for how things are done, from filing paperwork to presenting your case. You can usually find these rules on the court’s website. It’s vital to understand these requirements because missing a deadline or filing a document incorrectly can have serious consequences—in some cases, it could even cause you to lose. Think of it like learning the rules of a new game before you play. Taking the time to learn them shows the court you’re serious and helps you avoid simple mistakes that could hurt your defense.

How to Present Your Case Effectively

Your greatest strength when representing yourself is preparation. Since you’re up against a lawyer who knows the system, being organized is how you level the playing field. Start by creating a dedicated folder or binder for everything related to your case: the lawsuit papers, your Answer, any evidence you’ve gathered, and notes. Make a calendar with every single deadline. Before your hearing, practice explaining your side of the story clearly and concisely. You need to be able to present your case logically, connecting your evidence to your main arguments. The more prepared you are, the more confident you’ll feel when you speak to the judge.

What Happens During a Hearing

A court hearing is a structured conversation, not a free-for-all. You’ll have a chance to tell your side, present your evidence, and call any witnesses you might have. The debt collector’s attorney will do the same. Once you’ve presented everything, you’ll simply tell the judge, "I rest my case." This signals that you’re finished. The judge usually won’t make a decision right then and there. Instead, they will likely take the case "under advisement," which just means they need time to review all the evidence and arguments from both sides. Make sure you ask the court clerk how you will be notified of the judge’s final ruling so you know what to expect next.

Act Professionally in Court

How you conduct yourself in the courtroom matters. You are expected to follow the same rules and standards as a licensed attorney. This starts with your appearance—dress professionally, as if you were going to an important job interview. When you speak, be respectful. Address the judge as "Your Honor," stand when you speak to them, and never interrupt anyone. Acting professionally shows the court that you respect the legal process and take your situation seriously. Remember, you have the right to represent yourself, and demonstrating your respect for the court and its procedures will only help your case.

Where to Find Legal Help in Texas

Facing a lawsuit alone can feel overwhelming, but you don’t have to go through it without support. Texas offers a number of resources designed to help people who can't afford a lawyer. From free legal advice to help with your court forms, these organizations can provide the guidance you need to protect your rights and present your case effectively. Knowing where to look is the first step toward building a strong defense.

Find Free Legal Aid

If you have a limited income, you may qualify for free legal assistance from a legal aid organization. These groups are dedicated to helping people with civil matters, including debt collection lawsuits. For example, Legal Aid of NorthWest Texas works to "ensure equal access to justice by providing free civil legal services to low-income individuals and families." These organizations have experienced attorneys and staff who can review your case, offer advice, and sometimes even represent you in court, all at no cost. This can be a game-changer when you're up against a collection agency's legal team.

Use Court Self-Help Centers

Many courts recognize that not everyone can hire a lawyer and have created self-help centers to assist people representing themselves. The Texas State Law Library is an excellent starting point, providing access to legal resources and self-help centers that can help you fill out forms or point you toward the right services. These centers are a great resource for understanding court procedures and making sure your paperwork is correct, which is a critical part of handling your own case. They won't give you legal advice, but they can make the process much clearer.

Get Help with Your Paperwork

Filling out legal forms can be confusing, but you don't have to figure it out on your own. Texas Law Help offers the My Debt Collection Rights Toolkit, which is an "interactive resource with videos, information, and forms for Texans in the debt collection process." This toolkit is specifically designed to walk you through the steps of responding to a lawsuit, helping you understand your rights and create the documents you need to file with the court. Using a guided tool like this can help prevent common mistakes that could hurt your case.

Choose the Right Support for You

Finding the right organization can make a big difference. While many local groups exist, it helps to know the major players who serve large parts of the state. According to TexasCourtHelp.gov, the three largest full-service legal aid organizations in Texas are Legal Aid of NorthWest Texas, Lone Star Legal Aid, and Volunteer Legal Services of Central Texas. You can explore these and other resources to find the one that best fits your location and specific needs. Don't hesitate to reach out to a few different places to see what kind of help they can offer you.

Stay Organized and Protect Your Rights

When you’re facing a lawsuit, it’s easy to feel overwhelmed. But one of the most powerful things you can do is get organized. Think of it as building your command center. By keeping track of every document, deadline, and conversation, you put yourself in a much stronger position to defend your rights. A well-organized case file not only helps you build a solid defense but also shows the court that you are taking the matter seriously.

This process isn’t just about shuffling papers; it’s about understanding the details of the case against you and identifying potential weaknesses in the plaintiff's claims. Staying on top of everything from the start will reduce your stress and help you make clear, strategic decisions. We’ll walk through the four key areas to focus on: managing your documents, meeting every deadline, communicating effectively, and following court orders. Mastering these steps is fundamental to protecting yourself throughout the legal process.

Organize Your Documents

The moment you receive the lawsuit papers, your first step should be to create a dedicated file for everything related to the case. This can be a physical folder or a digital one on your computer. Place the initial lawsuit documents—the Citation and Petition—right at the front. Read through them carefully, looking for specific details about the debt, the original creditor, and the company suing you. If any of this information is vague or missing, make a note of it. Inconsistencies or a lack of specific details can sometimes be used to challenge the lawsuit. Keep every piece of mail, every email, and every note from phone calls in this file, organized by date.

Never Miss a Deadline

In a Texas debt lawsuit, deadlines are everything. After you are officially served with the lawsuit, you have a very specific window of time to respond. In most cases, you have 14 days to file a written "Answer" with the court. Filing an Answer is how you officially tell the court and the plaintiff that you intend to fight the case. If you miss this deadline, the debt collector can ask the judge for a default judgment against you, meaning you could lose the case automatically without ever getting to tell your side of the story. Use a calendar to mark your deadline to respond and any other court dates you receive.

Communicate the Right Way

From this point forward, try to keep all your communication with the debt collector or their attorney in writing. Written records create a clear trail that can be used as evidence if needed. One of the most important steps you can take is to send a written request asking the collector to prove they own the debt and that the amount is correct. This is often called a debt validation letter. Under federal law, if you request this within 30 days of their initial contact, they must provide you with verification of the debt. If they can’t provide this proof of the debt, they may have to stop their collection efforts.

Follow Every Court Order

Any document you receive from the court is an order, not a suggestion. It’s critical that you read and follow every instruction carefully. This includes showing up for every single scheduled court date, whether it’s a small hearing or the final trial. If you fail to appear, the judge will likely issue a default judgment against you. On the other hand, if the debt collector’s attorney doesn’t show up, the judge might dismiss their case, which would be a win for you. Always be respectful, on time, and prepared for any court appearances. Following the court’s rules shows that you are engaging with the process responsibly and protects you from unnecessary setbacks.

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Frequently Asked Questions

What is the single biggest mistake I can make after being sued for a debt? The worst thing you can do is nothing at all. Ignoring the lawsuit papers won't make the problem go away; it guarantees you will lose. If you don't file a formal response with the court by your deadline, the debt collector can get a default judgment against you. This means they win automatically and can then pursue more aggressive collection methods, like garnishing your bank account. Responding is your first and most important step.

Do I have to hire a lawyer, or can I really handle this myself? You absolutely have the right to represent yourself in court, and many people do so successfully. The key is being prepared and organized. However, a lawyer who specializes in consumer debt can identify weaknesses in the collector's case that you might miss. Many offer free consultations, so it's worth talking to one to understand your options. If hiring an attorney isn't possible, Texas has many free legal aid resources that can help guide you.

What if I know I owe the money? Should I still fight the lawsuit? Yes, you should still respond to the lawsuit. Even if the debt is yours, the company suing you has the legal burden to prove it. They must provide valid evidence that they have the right to sue you, that the amount is correct, and that the debt isn't too old to collect. Many debt buyers have incomplete records and struggle to produce this proof in court. By filing an Answer, you force them to meet their legal obligations.

Is it too late to negotiate a settlement after a lawsuit has been filed? No, it's never too late to negotiate. In fact, many debt collectors are more willing to settle after filing a lawsuit because they want to avoid the time and expense of a court battle. You can reach out to the plaintiff's attorney to discuss settling for a lower lump sum or a payment plan. If you do reach an agreement, make sure you get it in writing before you send any money.

What's the difference between filing an "Answer" and a "Motion to Dismiss"? An Answer is your official response to the lawsuit where you deny the collector's claims and list your defenses. You must file an Answer to prevent a default judgment. A Motion to Dismiss is a separate request asking the court to throw out the case entirely due to a major procedural error, like if the collector sued you in the wrong court. You might file a Motion to Dismiss before or along with your Answer, but filing an Answer is the essential first step for everyone.