Fill out and sign the forms below (this program that will automatically create the forms for you). Make 3 copies of the forms when you are done.

• Appearance: Tells the court and the other party that you are participating in the court case on your own, without a lawyer. It also informs the court and the other party if you want your case to be decided by a judge only, or a judge and jury.
• Motion and Notice of Motion: The Motion tells the judge that you want the case to be dismissed. The Notice tells the court and the plaintiff that you filed the Motion.

Learn more about what you should include in a Motion to Dismiss.

File the Appearance, Motion, Notice of Motion, and Application for Waiver of Court Fees with the circuit clerk.

Pay the court filing fee if you did not get a fee waiver. ​

There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list theirs fees on their website. 

If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.

After you file your forms, you need to take the following actions:

• Send a copy of your stamped Appearance and Motion forms to the plaintiff. If the plaintiff has a lawyer, send a copy to the lawyer. You can find contact information for the other parties in the case on the other documents that have been filed in the court case.
• Send the copies in the way you said on the Notice of Motion form (e.g., by hand delivery, mail, or email). You may only send the forms by email if the other party has agreed, or you are sending it to the other party's lawyer.
• Make sure to send the copies of your forms by 5:00 PM on the same day you file them with the circuit clerk.
• Keep one copy of each court-stamped form for your records. 

Call the plaintiff or the plaintiff's attorney to discuss the Motion to Dismiss several days before the motion is presented to the court. If you cannot convince the plaintiff that you are the wrong defendant, you will need to convince the judge.

If the plaintiff agrees that you are not the correct defendant, ask for the case to be dismissed when you go to court on the day the Motion is scheduled to be heard.

Whether the plaintiff agrees to dismiss you from the case or not, you should attend the court hearing on the day the Motion to Dismiss is presented. Be prepared to explain to the judge that you are the wrong defendant, and that you did not buy or borrow anything from the company or person that is suing you.

Bring with you to court all documents that can help you prove that you are the wrong defendant.

Make sure to get a copy of the order dismissing the case against you, and keep it in a safe place. 

Learn more about Preparing, filing, and presenting motions in court.

If you were sued by mistake, it's a good idea to check your credit reports. Your reports may show that a company has mixed you up with someone else by mistake. Click this link to learn how to get your credit report and credit score.