INSTRUCTIONS TO PREPARE AND FILL OUT A MOTION TO DISMISS
Purpose
The purpose of a Motion to Dismiss is to tell the court that you think the case against
you should be thrown out. You are asking the court to end this case because the
plaintiff meant to sue someone else. You must file this Motion to Dismiss in order to
have the company or person (the plaintiff) stop proceedings against you to get your
money.
What You Have to Do
You must fill out this form and then file it with the court clerk. Most of the work has been
done for you. Each blank on the form asks for information about you and your case.
Make sure the information you put in the blanks is true and accurate. By signing the
Motion you are swearing that all of the information in it is true.
You must also mail a copy of the Motion to Dismiss to the lawyer for the plaintiff (the
name of the lawyer will be listed on the complaint that the sheriff gives you) so they can
be in court when you present your motion to the judge. You must file the Motion to
Dismiss with the court (and send to the plaintiff’s lawyer) at the same time that you file
your appearance, or up to 10 days later.
How to Complete the Sheet
You have two choices. You can fill out the form on the computer, or you can print the
form and fill it in later with a pen or typewriter. The number of each instruction matches
the same number on the form.
To use your computer to fill in the form, double click on each blank line to highlight the
line, then press delete. The line should disappear. Also delete the number that was next
to the line. Then, type in the required information according to the numbers below.
Before you print the form:
(1) Insert the number of the judicial circuit where the case was filed (e.g. “First,”
“Second,” etc). This can be found on the complaint, in the same area as it is on
this form.
(2) Insert the name of the county where the case was filed. This can be found on the
complaint, in the same area as it is on this form.
(3) Insert the name of the company or person who is bringing this case against you.
This information will be on the summons and complaint as the “Plaintiff.”
(4) Insert your full name.
(5) Insert the case number. This number can also be found on the complaint, in the
same area as it is on this form.
(6) Insert the amount of money the plaintiff is asking for. This information should also
be on the complaint that was given to you by the sheriff.
(7) Insert the date that you will appear in court.
(8) Insert your full name.
(9) Insert your full name.
(10) Insert your address.
(11) Insert the date in which you started living at your current address.
(12) Insert your full name.
(13) Insert your date of birth.
(14) Insert your full name.
(15) Insert your social security number.
(16) Insert your full name.
(17) Insert the date that you were robbed or the date when the items were stolen from
you. (NOTE: only fill in this blank IF your social security card, driver’s license, or
other items that could be used to steal your identity were stolen from you. If this
did not happen to you, delete Paragraph 6 from the form. If you keep Paragraph
6 in your form, then delete “(IF APPLICABLE)” from the beginning of the
paragraph.)
(18) Insert a list of the items that were stolen from you. (NOTE: only fill in this blank if
you filled in #17).
(19) Insert your full name.
(20) Insert your street address.
(21) Insert your city, state, and zip code
(22) Insert your telephone number (including area code).
NOTE:
Paragraph 5 (beginning with “IF APPLICABLE”) should only be included in your Motion
to Dismiss if these things happened to you. So if there was a contract that has a
signature that is not yours and the plaintiff’s attorney is using that contract to prove that
you are the defendant, keep paragraph 5 in your Motion to Dismiss. If you are leaving
this sentence in the Motion, delete “(If APPLICABLE)” from the beginning. But, if the
plaintiff’s attorney is not using any contract to prove that you are the correct defendant,
then delete all of Paragraph 5 from your Motion to Dismiss.
Paragraph 6 (also beginning with “IF APPLICABLE”) should only be included in your
Motion to Dismiss if items such as your social security card, credit card, or driver’s
license were stolen from you. If you think that someone may have used these to steal
your identity, and make purchases under your name, then leave Paragraph 6 in the
Motion. Delete “(If APPLICABLE)” from the beginning of the paragraph. If nothing has
been stolen, then delete all of paragraph 6 from your Motion to Dismiss.
If you have other kinds of proof that the defendant did not sue the correct person then
add additional paragraphs to explain.
After you print the form:
Sign the form in pen.
STATE OF ILLINOIS
IN THE CIRCUIT COURT OF THE (1) ______________ JUDICIAL CIRCUIT
(2) _____________________ COUNTY
(3) ____________________, )
) No. (5) ________________
Plaintiff, )
) Claimed: (6)$ ___________
vs. )
) Return Date: (7) _________
(4) ____________________, )
)
Defendant. )
MOTION TO DISMISS
The defendant, moves this court to dismiss this defendant from the action in that
plaintiff has mistakenly sued the wrong (8) _____________________ , as shown below:
1. (9) ________________ resides at (10) __________________, Chicago,
Illinois and has lived there since (11) _____________.
2. (12) ____________________ was born on (13) ______________.
3. The social security number of (14) _____________________ is
(15) _________________.
4. (16) _______________ has never purchased anything, borrowed any money
from, received services from or entered into any contract or agreement with the plaintiff
in this action.
5. (IF APPLICABLE) The signature on the contract upon which plaintiff brings this
action is not the signature of the defendant, which appears below.
6. (IF APPLICABLE) Defendant was the victim of a theft on or about (17)
_____________. At that time defendant’s (18) _____________________ were stolen.
WHEREFORE, defendant moves this court to dismiss him/her from this action.
_____________________________
(Signature)
Under penalties as provided by law pursuant to the Code of Civil Procedure, the
undersigned certifies that the statements set forth in this instrument are true and
correct, except as to matters therein stated to be on information and belief and as to
such matters the undersigned certifies as aforesaid that [s]he verily believes the same
to be true.
(19) _______________________
(20) _______________________
(21) _______________________
(22) _______________________