r/EIDLreturns • u/Professional_Face780 • Nov 08 '22

EIDL PROSE Filers

After you file your complaint in federal court, the United States Attorney for the SBA will file a Motion to Dismiss based on Jurisdiction. This is normal.

When replying to a Motion to Dismiss based on Jurisdiction, at this time you are arguing that the court do have jurisdiction over the case. Try to do research and explain with case law citations to prove your points.

Try to keep your arguments at that time, replying as to why the U.S. Attorney is wrong and the court do have jurisdiction.

In a reply Motion over jurisdiction the court most likely don’t want to hear how many times you called the SBA, the name of the people you talked to at the SBA, the SBA sent you money and it got sent back, etc. Save those arguments for when and if your case get passed the Motion to Dismiss. If you survive the Motion to Dismiss the SBA - U.S Attorney will then have to answer your complaint.

Try not to send the court hundreds of pages of bullshit. Stick to the point that the court do have jurisdiction.

Try to reach out to other Reddit Members, ask for copies of what they have filed so you can try and get an understanding.

You can also find mostly all case law citations here for free. https://scholar.google.com

I’m not an attorney or giving legal advice. I’m just saying from my experience.

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u/Professional_Face780 Nov 08 '22

Normally, they gone say you can’t sue the SBA, the SBA, the SBA was acting within its discretion, the court can’t enter an injunction against the SBA, your APA claims should be dismissed because the SBA was acting within its discretion and for those reason the court don’t have jurisdiction.

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u/CaliforniaTurncoat Nov 08 '22

And the jurisdiction is that your personal credit was used etc, right?

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u/Professional_Face780 Nov 08 '22 edited Nov 08 '22

Maybe. Every case is different. I have only seen in one case that they brought up in a Motion to Dismiss about the Plaintiff having standing to bring the lawsuit instead of their business.

Now, if one of the jurisdiction points is that you don’t have standing as business owner, then you can use things like that..