Lexington, SC asked in Civil Litigation for South Carolina

Q: As a Defendant do I need to answer a Rule to Show Cause that the Plaintiff requested from the lender?

I am a Pro Se Defendant that did not file an answer, but filed a Motion for Dismissal. Plaintiff filed a Rule to Show Cause as ordered by the Court as I am saying they need to prove "Chain of Custody" The original lender went BK so they are running a Publication and have filed an Order of Reference. Any answers would be helpful.

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1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
Answered
  • CHARLESTON, SC
  • Licensed in South Carolina

A: Unfortunately, either your question lacks the required information or the Rule to Show Cause is grossly inadequate. A Rule to Show Cause is an Order to Show why you did or did not do something. The Rule to Show Cause should tell you what the Court is asking of you specifically. A Rule to Show Cause is both an Order to Appear for which you could be sanctioned for failing to appear and to respond to a specific question of the Court.

You really need to review the Rule to Show Cause carefully to see what you are being told to do. If what you are supposed to do is not evident, you need to file a response asking the Court to clarify its Rule to Show Cause so that you understand what relief or conduct is expected of you by the Court.

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