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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33404
Experience:  Began practicing law in 1992
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Dwayne. I resubmitted the same complaint as I did on

Customer Question

Hello Dwayne. I resubmitted the same complaint as I did on May 20,2015 after I filed for an Dismissal without prejudice even though the Defendant tried to get case completely dismissed but I was given My dismissal without prejudice given me another year
to file as I did prior to the one year as you said I could re type and submit the same complaint in order to prepare myself myself to handle Pro Se by jury and educating myself to be able to successful handle without fear. I had an copy of complained delivered
by sheriff to one of the defendants and the other party certified mail a few weeks after I filed with the courts. Now,I received a CC copy from the defendants attorney filed as "Answer And Motion To Dismiss" as well as stated I failed for lack of subject mater
jurisdiction,Complaint of lack of subject matter jurisdiction, complaint of insufficient of process, the plaintiff's Complaints for failure to state a claim upon may be granted and I lack sufficient information to admit or deny when they did not even acknowledge
I had an injury or case. I do not know what to file back on them. Please help me understand.
Submitted: 2 years ago.
Category: Legal
Expert:  Dwayne B. replied 2 years ago.
Those are common motions when a person is representing themselves and it's hard to explain what they mean. Most people who are pro se state a bunch of facts but never point out a specific cause of action, never explain how that specific court has jurisdiction, and things of that nature. As far as what to file in response, you file an Answer to Defendant's Motion to Dismiss and, Alternatively, Motion to Allow Time to Replead, but before you do that you need to take some time to do some research and determine how your pleading may be deficient (it may not be). There is a good, inexpensive ebook on legal research at this page. There are several books on that page but for right now the one you want is the one on legal research. In addition, the North Carolina statute dealing with their motion is at this page. Be sure and read through it several times. I ran a general Google Search for you and found some things you need to read at: Most of those are responses in federal court, but they will give you an idea of what is alleged and how lawyers respond to them. Get the book on legal research, or another one if you don't care for that one, and then set aside some time to do some legal research on this topic. Essentially what they are saying is just that your paperwork is either deficient in facts or deficient in telling them what they did wrong. As to the complaint about insufficient service of process, it depends on what they allege. You can waive complaints about service of process which they may have done by filing all of their other paperwork unless they did so "subject to and without waiving the objection to service of process". On jurisdiction, you need a statement in your petition explaining why that court has jurisdiction over the case. It could be because the amount sought is within that court's jurisdictional limits and the events complained of happened in that county, or it could be something else. If you just retyped the same petition prepared by an attorney before then it is likely these are just BS motions filed by someone trying to intimidate you.