Plaintiff reply to Defendant motion to dismiss

[hazel]

I filed a pro se complaint in The Circuit Court of Cook County in Skokie, Illinois.
In my complaint I’m looking to collect money that I loaned to individual during 1997 thru 2001. Both of us reside in Cook County, Illinois.
Because of the over 40 years relationship with that person I didn’t obtained a written agreement and the total amount was first questioned by him only in April of 2008.
My evidence is copies of the checks given to him and statements with posting dates of those checks. I also have a letter from my bank that cancelled checks was never provided with the statements and because of the bank retention period of 6 years they no longer could be provided to me.
Also part of my evidence a proof of his foreclose case which was filed in the same court by his mortgage company in 1999 and the copy of my check for the amount due to them, which resulted in withdrawn of that case 7 days later.
I received partial loan repayments from him in 2004 and 2007 and have all of the copies of his checks to me which am also a part of my evidence.
Also my complaint included a balance due to Visa card issued to me and used by him to obtain a balance transfer from Visa in 1997. The statements go to his home and he assumed a total responsibility by making monthly payments from his checking account.
In court he tried to dismiss this case on technicalities and after the Judge didn’t allow that he denied all loans.

The Judge than ordered him to submit motion to dismiss and the grounds he would use.
The following are basics from his motion.

Defendant filed “Motion to Dismiss pursuant to Federal Rules of Civic Procedure 12(b) (1) and 12(b) (6), on the grounds that this Court lacks subjects-matter jurisdiction and “that I fail to state a claim upon which relief can be granted.
He also states that my “ factual allegations are ridiculous and patently false,, lacks particularities and based on hypothetical and conjectural theory, making my claim too frivolous to warrant a hearing, the allegations set forward does not suggest my entitlement for the relief.

Now I have to file my reply to that motion and would appreciate very much all advices and assistance related to my case including proper forms I would need to use.

Also I would strongly consider hiring an attorney.
Thank you for your help.

Would suggest in addition to comments here that you also email world law directly to discuss pro se help, they helped a colleague of mine get several things in a pro se case resolved.


Iowa Mom

If your complaint states any valid causes of action his motion will fail, even if you don't further elaborate on it.

Your case may be easily disposed by the Circuit Court if you fail to adequately show all required elements of a claim for relief. You definitely need an attorney to represent you, unless you are willing and able to research many complex rules and much case law. These are complicated legal matters concerning many possible issues, including but not limited to:
1. Statute of fraud writing requirements.
2. State statutes of limitation regarding when a suit my be filed.
3. Liability issues, especially concerning authorized charges by defendant to your credit card for which you may possibly be held liable.
4. Lack of subject matter jurisdiction especially if you do not meet the federal Circuit Court requirement that the relief sought must be greater than $75,000. In addition to Circuit Court, other courts offer relief. Perhaps a state General District court or local small claims court would be a better venue as determined by the amount of money damages sought as relief.

Contracts between friends are contracts nonetheless, and all agreements between two or more parties should be contained in a signed writing to protect against the statute of frauds and to express the intentions of the parties at the time of signing.
Good luck!