How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Legal question
Type Your Legal Question Here...
characters left:
9 Lawyers are Online Now

Motion to Dismiss Questions

Motion to Dismiss is an act of one party requesting the court remove a case. There are many reasons that a motion to dismiss is requested. Generally, courts allow motions to dismiss in order to remove the inappropriate cases which slow down the efficiency of the court system. Below are just a few of the more commonly asked questions regarding motion to dismiss that have been answered by Experts.

I need an example of a motion to dismiss. I sold my car online, the buyer inspected the car, test drove it and paid cash. Now is suing me because the car broke down and stopped running. How can I file a motion to dismiss before we get to court? If I win the case, will he have to pay for my attorney?

This link shows a sample of what a Motion to Dismiss looks like: http://www.liamsdad.org/court case/trespassing/2005 09 26 motion dismiss.pdf. This is just to give you an idea of what a motion to dismiss looks like. You will have to add your own arguments. The sample Motion was filed in the Circuit court; however the Motion to Dismiss would be the same for the General District Court. While the Motion to Dismiss will be filed before the court date, the judge won't see it or rule on it until the actual court date. When filing, you will send the original to the Motion to the court clerk and you will need to send a copy to the plaintiff by mail. You will have to argue the Motion to Dismiss on the court date so you should be prepared.

Generally, each party is responsible for their own attorney fee. Just because you win a case wouldn't entitle you to be re-reimbursed for attorney fees. However, exceptions are made when a case is frivolous. If you win the case, you could ask the judge to make the plaintiff pay your attorney's fee due to the lawsuit being frivolous.

How do I write a motion to dismiss without prejudice (by Plaintiff) in small claims court?

In order to dismiss without prejudice, you will have to get the other party to consent to the motion. If the other party doesn't answer, it is possible that the court would allow a letter from you that states you wish to remove your complaint. Generally, small claims court is informal and the court clerk could tell you if the letter would be sufficient. If not, you can prepare a Motion to Dismiss without Prejudice. If you need a sample motion, you can use this: http://www.superiorcourt.maricopa.gov/superiorcourt/familycourt/docs/motiondismiss.pdf

I filed a Motion to Dismiss the defendants' counterclaim in Circuit Court in IL, and the defendant never responded. Is there a rule that tells me a time limit within which defendant should have filed a response?

Generally, when a defendant doesn't respond to a motion to dismiss a complaint or file a counterclaim, the court will make a decision on the motion. Usually, courts will set their own time frame on responses so you will need to contact the clerk of courts. All you can do is wait for the court to make its decision on the motion to dismiss.

If my motion to dismiss is denied by the court, what should I do to prepare for the hearing. This is a Small Claims case and I am unsure of who is suing me. The person claims that they loaned me cash money from 2009-2012.

Basically, if you are unsure of who is suing you, there really isn't much you can do to prepare for the hearing. It is up to the plaintiff to prove his case. If the plaintiff doesn't have any factual proof, such as written agreements or information, usually the judge will determine whose proof is more credible.

It is odd that the person wouldn't give a specific timeframe, such as an actual date when the money was given to you. The 2009-2012 is vague. This may be a mistake in identity or perhaps the person may have mental issues that may have spurred the allegations of the loan. However, the facts of the case will surface during the court hearing. During this time, the judge will ask the plaintiff to prove his/her case to the court.

When a person wishes to have a case excused from the courts, they file a motion to dismiss. Many people are unaware of the benefits of a motion to dismiss and are at a disadvantage when going to small claims court. Before you go to small claims court over a frivolous matter, you should ask an Expert to explain how a motion to dismiss may help you.
Ask a Legal question
Type Your Legal Question Here...
characters left:
9 Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21167
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21167
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18385
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8484
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3846
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3296
    DVM, Emergency Veterinarian, BS (Physiology)