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Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27232
Experience:  Lawyer
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Are you a lawyer? Why should I use you instead of a lawyer?

Customer Question

Are you a lawyer?
JA: No. I'm the Lawyer's Assistant.
Customer: Why should I use you instead of a lawyer?
JA: What state are you in? It matters because laws vary by location.
Customer: Illinois
JA: Has anything been filed or reported?
Customer: yes, a small claims complaint by plantiff and a response
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, the pleadings by the defendant include a section that wants the Judge to enter an order dismissing my complaint with costs charged to me. He granted the motion but did not dismiss the complaint
Submitted: 28 days ago.
Category: Legal
Expert:  Lucy, Esq. replied 28 days ago.


I'm Lucy, and I'd be happy to answer your questions today. I am a lawyer.

How much time has passed since the motion was granted? Were you notified by mail, or are you looking at the docket?

Customer: replied 28 days ago.
Lets see. Please call me
Customer: replied 28 days ago.
The motion was granted 8/25/16
Customer: replied 28 days ago.
I was notified by mail
Expert:  Lucy, Esq. replied 28 days ago.

Call the clerk of the court to see if anything has happened since then. There should be an entry on the docket dismissing the case if the order was granted, and you should see whether it was dismissed with prejudice or without. That's important, because if it was without prejudice, you may be able to refile.

Customer: replied 28 days ago.
We have met several times since then so I assume no order was granted although the judge signed an order granting a motion to excuse verification of pleadings which includes the order for me to pay costs
Customer: replied 28 days ago.
I will call court now.
Expert:  Lucy, Esq. replied 28 days ago.

It's very odd that the judge would grant a motion to dismiss the case, then leave the case open. Either there are claims/counterclaims that weren't part of the motion, or it sounds like there's been a mistake somewhere.

Customer: replied 28 days ago.
I just called the clerk of the court and there has been no dismissal of the case
Customer: replied 28 days ago.
Does this mean I can request a dismissal without having to pay defendants fees?
What do you recommend that i do? I do not want to pay the defendants legal fees.
Customer: replied 28 days ago.
The judge granted a motion to excuse Verification of Pleadings
Customer: replied 28 days ago.
I just called you. MY number is(###) ###-####
Customer: replied 28 days ago.
Can you call me?
Expert:  Lucy, Esq. replied 28 days ago.

I will ask Customer Service if they can republish your phone call request if you'd prefer to speak to someone on the phone. I'm afraid I don't call customers.

Expert:  Lucy, Esq. replied 28 days ago.

You CAN request dismissal of the case if you want to dismiss it, but the judge should have already done that. It doesn't make sense. A Motion to Excuse Verification doesn't dismiss the case - the opposite. If the judge granted that motion, the case should be ongoing. You should be able to file a Motion for Trial.

Since the judge already granted a motion requesting that you be ordered to pay fees and costs, the defendant will probably refile requesting that money after the case is dismissed. I'd be surprised if you didn't have to pay.

Expert:  Lucy, Esq. replied 26 days ago.

Do you have any other questions about this?