[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Defendant's Name] [Defendant's Address] [City, State, Zip] Dear [Defendant's Name], RE: Plaintiff's Response to Defendant's Motion for Attorneys Fees I am writing in response to your motion for attorneys fees filed on [date] in the case of [Case Name, Case Number] pending in the [Court Name] in Illinois. First and foremost, I would like to express my client's strong opposition to your request for attorneys fees. Your motion for attorneys fees appears to be baseless and lacks merit. I will now address the various points raised in your motion and refute them accordingly. 1. Lack of legal grounds: Your motion fails to establish any legal grounds entitling you to an award of attorneys fees. Illinois law clearly states that attorneys fees are not recoverable unless specifically authorized by statute, contract, or court rule. The specific statute, contract, or rule making provision for attorneys fees must be cited in order for your request to be considered valid. 2. Failure to meet the burden of proof: Even if you were to claim that a statute, contract, or court rule exists that allows for attorneys fees, your motion fails to meet the burden of proof required to support such a claim. Without proper documentation or evidence demonstrating the applicability of the alleged provision, your request for attorneys fees cannot be justified. 3. Unreasonable and excessive fees: In the event that we assume argued that you are entitled to attorneys fees, the fees you have claimed in your motion are unreasonable and excessive. The fees mentioned in your motion far exceed what is customary and reasonable for a case of this nature. My client will not consent to paying such an unjustifiable amount. Based on the aforementioned points, it is clear that your motion for attorneys fees holds no legal weight, lacks supporting evidence, and is unjustifiably excessive. Therefore, I demand that you withdraw your motion immediately and cease any further attempts to seek attorneys fees in relation to this case. In light of the above, if you decide to proceed with your motion, my client will have no choice but to seek appropriate legal remedies to protect their rights and interests, including but not limited to filing a motion to contest your request for attorneys fees and seeking sanctions for frivolous litigation. I kindly request that you provide written confirmation of the withdrawal of your motion for attorneys fees within [reasonable timeframe, e.g. 10 days] from the receipt of this letter. If I do not receive a satisfactory response within the stipulated time, I will take appropriate action to protect my client's interests. Thank you for your prompt attention to this matter. Sincerely, [Your Name] [Your Title/Position] [Your Law Firm's Name]
Illinois Sample Letter for Plaintiff's Response to Defendant's Motion for Attorneys Fees
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How to fill out Sample Letter For Plaintiff's Response To Defendant's Motion For Attorneys Fees?
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FAQ
(a) Except as otherwise expressly provided, service of summons upon an individual defendant shall be made (1) by leaving a copy of the summons with the defendant personally, (2) by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years ...
For Most Actions -- 30 Days Unless a specific appearance date is required by statute, local rule or Supreme Court rule, a summons should require each defendant to file his answer/counterclaim or otherwise appear or plead in the action within 30 days, exclusive of the day of service.
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
This Court advises the parties that when a motion to dismiss is filed, the non-moving party has a right to amend its pleading once within 21 days.
Within 15 days after service of the written opposition, if any, the moving party may serve and file a response. (Subd (c) amended effective January 1, 2007.) Within five days after service of the response, if any, the opposing party may serve and file a reply.
The motion to dismiss is a defendant's request that the case be thrown out, usually because of a deficiency in the complaint or the way the complaint was served on the defendant. Failure to state a claim is the most common grounds for dismissal. A judge can dismiss a claim with or without prejudice.
In Illinois, you must respond with an Appearance form and an Answer form. The Appearance document is a statewide form that declares you plan to appear in court. It lets you choose if you want a trial with just a judge or one with both a judge and jury.
2-619. Involuntary dismissal based upon certain defects or defenses. (a) Defendant may, within the time for pleading, file a motion for dismissal of the action or for other appropriate relief upon any of the following grounds.
An answer or motion with respect to pleadings must be filed within twenty one (21) days after the date of the filing of the petition or the Rule 19A. 1 Section B supplemental petition whichever is later. Upon motion and a showing of good cause the court may extend the time for filing.
