Crap 1 debtor exam

[treehugger1]

I guess I am a bit confused here. The debotr has a judgment. The legal firm representing the judgment creditor is attempting "debtor exam" interrogatories related to the financial situation of the debtor, probably including real estate, personal property, wages, bank accounts, etc. I don't think this type of service is all that uncommon in many states. Responses to a debtor exam questionaire are not generally admity or deny types of responses. I'm lost.

Perhaps I don;t understand what the "discharge" issue is tied to.

[mama2three]

How to deny

How do I deny?

All you have to do is:

Response to Request for Admission No. 1- Deny.

Response to Request for Admission No. 2- Deny.

and so on.

But please do respond if even they are all blanket denials as Requests For Admission are binding and almost impossible to have withdrawn if deemed admitted by non-response.

Good luck to you.

[jacko]

How do I deny?

If it says, REQUEST FOR ADMISSIONS, it is very simple.

You MUST deny.

If you do not, you are, by not answering, ADMITTING the debt is valid and is NOT DISCHARGEABLE.

This will cost you very dearly later.

[DeadManCrawling]

If it says, REQUEST FOR ADMISSIONS, it is very simple.

You MUST deny.

If you do not, you are, by not answering, ADMITTING the debt is valid and is NOT DISCHARGEABLE.

This will cost you very dearly later.

[StartingOver08]

Op, are you saying that there was no REQUEST FOR ADMISSIONS in your packet even though they specifically said in their letter to you that one was included?

I may be off base here...but I would contact them and at least get a copy of the entire packet (because I don't like to be sand bagged and I want to know what I am admitting to by failing to answer!). JMO.

[DeadManCrawling]

Here in Florida, we have a very similar situation.

The debtor exam is sheduled for Dec 14. I am awaiting back surgery shortly prior to Dec 14. Will find out the exact date today.

The request for interrogatories came from a firm, but was filed with the court, and they have a judgment in place as of January.

Now, it is possible that a no-show would result in contempt charges, but I believe the law firm would have to go back to court and schedule a hearing, then get a judge to compel an appearance. If we did not show up for THAT hearing, we would likely receive a contempt charge.

We are planning to file before Dec 14, just to avoid the potential aggravation and further legal mess that could occur.

This is ALSO for Capital 1, btw. They seem to be the most serious, among our creditors, about pursuing things to the bitter end.

So, we are taking a different, and, I believe, more conservative (safer) route. You may not be able to for various reasons, but I wanted to give our perspective and let you know this happens to others too. Capital One is a bear of a creditor, among the worst.

[jacko]

I am going to respond to the questions that they have listed since its not as detailed as the MN form.

[WhatMoney]

This is the court's version of the financial disclosure form. I would not give the attorney any more information than is requested on this form.

http://www.mncourts.gov/forms/public/forms/Judgment_Enforcement/Disclosure/JGM301.pdf

Too bad about the new Minn law. MN is not a very debtor friendly state.

[jacko]

This note is not listed in the notice.


"The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within ten days after
service of the order may result in a citation for civil contempt of court. Cash bail posted as
a result of being cited for civil contempt of court order under this section may be ordered
payable to the creditor to satisfy the judgment, either partially or fully."

[jacko]

Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read:
550.011 JUDGMENT DEBTOR DISCLOSURE.
Unless the parties have otherwise agreed, if a judgment has been docketed in
district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's
attorney as an officer of the court may or the district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the judgment
debtor to mail by certified mail to the judgment creditor information as to the nature,
amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
The information must be provided on a form prescribed by the Supreme Court, and
the information shall be sufficiently detailed to enable the judgment creditor to obtain
satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
judgment debtor. The order must contain a notice that failure to complete the form and
mail it to the judgment creditor within ten days after service of the order may result in a
citation for civil contempt of court. Cash bail posted as a result of being cited for civil
contempt of court order under this section may be ordered payable to the creditor to
satisfy the judgment, either partially or fully.

[jacko]

Sec. 32. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
conciliation court judgment or a judgment of district court on removal from conciliation
court has been docketed in district court, the judgment creditor's attorney as an officer of
the court may or the district court in the county in which the judgment originated shall,
upon request of the judgment creditor, order the judgment debtor to mail to the judgment
creditor information as to the nature, amount, identity, and locations of all the debtor's
assets, liabilities, and personal earning. The information must be provided on a form
prescribed by the Supreme Court, and the information shall be sufficiently detailed to
enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
nonexempt assets and earnings of the judgment debtor. The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within ten days after
service of the order may result in a citation for civil contempt of court. Cash bail posted as
a result of being cited for civil contempt of court order under this section may be ordered
payable to the creditor to satisfy the judgment, either partially or fully.

[jacko]

I found this on my courts home page.

New! Disclosure Process for Creditor's Attorney (effective July 1, 2009)
Effective July 1, 2009, changes to Minnesota Statutes 491A.02s9 and 550.011 allow a creditor's attorney to demand their own disclosure. It will no longer be necessary for you to wait weeks or months for the court to order disclosure. If the debtor fails to disclose after receiving your demand, an Affidavit in Support of an Order to Show Cause can be completed and you can proceed with an Order to Show Cause. You will NOT need to have the court order disclosure. Forms to demand disclosure and the affidavit in support should be posted to http://www.mncourts.gov/default.aspx?page=513 soon.

See Section 32 and 36 for the new language at:

https://www.revisor.leg.state.mn.us/laws/?id=83&doctype=Chapter&year=2009&type=0

[jacko]

It is the truth. Have the envelope to prove, which I almost recycled. Anyone at the Post office could of snooped.

You're pushing my buttons aren't you? I know who you are now. Ok, ok, I give. "Uncle". There. I said it.

[MSbklawyer]

Also, the envelope was not sealed. . .

You're pushing my buttons aren't you? I know who you are now. Ok, ok, I give. "Uncle". There. I said it.

[jacko]

Also, the envelope was not sealed. They forgot to lick the yummy sealant to seal the envelope with documents. I wonder if I am missing some pages..-)