I received a loan from an old friend. In our contract it states that construction services will be in place of interest. Any time I was asked to do something, I did it. Now he is coming after me for almost 5000.00 in interest when the loan has already be paid back in full. Mind you the loan was for 5000.00
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.
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.
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