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JDB MTD please critque


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The only thing I saw that was even close to proper was the fact that they did not attach paperwork as required. Even so, this is "curable" and they would get a chance to provide this.  You need to look at your court rules, they always spell out the grounds for dismissal. I just don't see any in your brief.

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735 ILCS 5/2-615 & 735 ILCS 5/2-619 are the appropriate sections for dismissal. And Bruno is correct again, the judge may allow them an opportunity to cure the defects. Per Mutual Management Services v. Swalve http://scholar.google.com/scholar_case?case=2197442867798634424&q=MMS+v+swalve&hl=en&as_sdt=2,26 "Dismissal of the amended complaint with prejudice does not preclude MMS from obtaining new, proper assignments of the debts from these creditors, giving proper notice of demand under the Act and the UCC, and, if unsuccessful in its attempts to collect, filing a new suit based on the new assignments."

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I would not send this. Motions to Dismiss are strictly procedural, not argumentative. 

 

 

If the motion to dismiss is denied, what has defendant lost? . . .  Nothing. He'll simply be required to file an answer to the complaint. 

 

Not only that, he'll gain a free insight into how the court is likely to rule on other matters. Filing a motion to dismiss, as far as the defense bar is concerned, amounts to little more than going through the playbook, one step at a time. Even if  you know the motion will be denied, as the saying goes, "every day you don't pay is a day you win."

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