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Hi all...I have a court date in MAY 2010. Looks like it's rule nisi at the court docket says...Motion to Dismiss affadavit. I filed this motion to the court. Am I going to have to prove to the court why this isn't my debt? I plan to deny everything including the affadavit, but that is the only proof that it is NOT my debt. Isn't it the burden of the Plantiff to prove that it is my debt? Is the judge or the Plaintiff going to ask me a series of questions? How do I prove it's not my debt? Please help.

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I had the exact same situation happen to me. I'm interested to know the outcome of your case. I was sued several months ago by a bank claiming I was a signer on an account (which I had no account and there was no proof it was mine). The plaintiff filed for a summary judgment. (which in my opinion is a cheap way to get a judgment without a trial) I was curious why the plaintiff didn't just take it to trial. But they thought it was a "lay-down" and didn't want to spend the legal hours to proceed. The judge denied their Motion for Summary Judgment because their evidence was inconclusive. Now the Plaintiff filed a Rule NISI which means they are ordering me to appear and show cause as to why they shouldn't get the summary judgment. I guess the answer is simple, the Judge will probably repeat the same denial. I think it's obvious why the Judge denied the Plaintiff's motion and they are just mad it didn't go their way. "scum bags!"

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I had the exact same situation happen to me. I'm interested to know the outcome of your case. I was sued several months ago by a bank claiming I was a signer on an account (which I had no account and there was no proof it was mine). The plaintiff filed for a summary judgment. (which in my opinion is a cheap way to get a judgment without a trial) I was curious why the plaintiff didn't just take it to trial. But they thought it was a "lay-down" and didn't want to spend the legal hours to proceed. The judge denied their Motion for Summary Judgment because their evidence was inconclusive. Now the Plaintiff filed a Rule NISI which means they are ordering me to appear and show cause as to why they shouldn't get the summary judgment. I guess the answer is simple, the Judge will probably repeat the same denial. I think it's obvious why the Judge denied the Plaintiff's motion and they are just mad it didn't go their way. "scum bags!"

Cause for denial should be:

1. Plaintiff lacks any evidence that defendant enter into contract or otherwise opened the account that is the subject of this motion.

2. Defendant asserts that he is not aware of, and has no records of, this account, or any other account at this bank.

Then counter demands:

1. Defendant demands that plaintiff be required and compelled to produce proof in support of their motion and their lawsuit.

2. Defendant demands that plaintiff be limited to no more than 30 days to produce this proof, since plaintiff clearly has had sufficient preparatory time prior to filing this suit, and could have delayed filing until actual proof is obtained.

And move for your own "summary judgment to dismiss with prejudice" based on the fact that plaintiff knowingly and willingly filed suit before and without having any proof to justify any other outcome.

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Rule NISI:

Procedure by which one party through an ex parte application or an order to show cause calls upon another to show cause why the relief set forth in the proposed order should not be made final by the court. If no cause is shown the court will enter an order rendering “absolute” [i.e., final] the relief, thereby requiring whatever was sought to be accomplished by the relief.

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