How do I file a motion to dismiss with prejudice? I'm the defendant.
2 attorney answers
If it is as straight forward as you describe the motion should be as straight forward: attach the contract to you papers; point out the provision; attach any other document showing payment of principle ... that should do it.
When a defendant disagrees with the allegations of the complaint, dismissal is not the correct procedure. Further, dismissal with prejudice is what the court determines based on legal and procedural matters, not something a defendant can request.
Based on the description in this post, nothing short of review by local experienced litigation counsel will be sufficient. It could be important to determine if any legal defenses exist, and to review the ability of the plaintiff to satisfy his burden or proof. Be prepared to pay a reasonable fee for such valuable services, perhaps including coaching pro se participation in the court proceedings.
This general information about the law and legal procedure is offered as a public service, and not intended as legal advice in this or any other case.