Crap 1 debtor exam

[jacko]

Crap 1 has a judgment against me. They are asking were I bank plus location with account number, full name, SS, address, phone number, employer, and car make: year and license #, do I own property. Plus they want copies of bank statements.

I think this a voluntary request which is way cheaper than going through the expense of involving the courts to make a official binding request.

What does the Request for Admissions specifically ask for? Obviously you should not admit the debt is non-dischargable in BK, since it is if you include it. I hope you have closed most of your accounts. If you must report your bank accounts make sure they have little in them, and then close them the next day. The interrogatory and document production part depends on your State's rules. Let them call you into a court-ordered asset exam if your state allows this if you do not respond to the their asset fishing expedition.

Dick Cheney could not recall information 75 times when interviewed by the FBI. Why should your memory be any better than an ex VP of the United States?

[WhatMoney]

Here is what the cover letter states.

Dear Sir/madam:

Enclosed and served upon you by U.S. Mail, please find the Request for Admissions, Interrogatories, and Request for Production of Documents Propounded to Judgment Debtor in connection with the above captioned matter. Your response is due within 30 days from the date of service. Our office awaits your response accordingly. If you have any questions or comments, please do not hesitate to contact one of our collection representatives at 1-8XX-XXX-XXXX.

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.

Sincerely,

Debt Collector.

What does the Request for Admissions specifically ask for? Obviously you should not admit the debt is non-dischargable in BK, since it is if you include it. I hope you have closed most of your accounts. If you must report your bank accounts make sure they have little in them, and then close them the next day. The interrogatory and document production part depends on your State's rules. Let them call you into a court-ordered asset exam if your state allows this if you do not respond to the their asset fishing expedition.

Dick Cheney could not recall information 75 times when interviewed by the FBI. Why should your memory be any better than an ex VP of the United States?

[MSbklawyer]

Here is what the cover letter states. . . .

Somebody help me with this, please. I've done all that I can do.

[jacko]

Here is what the cover letter states.

Dear Sir/madam:

Enclosed and served upon you by U.S. Mail, please find the Request for Admissions, Interrogatories, and Request for Production of Documents Propounded to Judgment Debtor in connection with the above captioned matter. Your response is due within 30 days from the date of service. Our office awaits your response accordingly. If you have any questions or comments, please do not hesitate to contact one of our collection representatives at 1-8XX-XXX-XXXX.

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.

Sincerely,

Debt Collector.

[MSbklawyer]

I appreciate MSBK's advice, but one shoe does not fit all! Here in Oregon, you can be requested by the plaintiff's attorney, after a judgment to fill out all kinds of financial information. If you fail to do so, you are not in contempt of court. What does happen is that the plaintiff's attorney can file a motion to compel. This means the plaintiff's attorney must go through the process of filing (and paying for) a motion that requests the court to "force" you into the courtroom. I don't know your state laws, but if it were me, and the laws required service for you to respond to an interrogatory, I would sit this out and wait to be served, If the plaitiff's attorney is that serious they will have to abide by your rules of civil procedure.

Sometimes, "one shoe does fit all". He's talking about requests for admissions, not interrogatories. And if there is any case in which "one shoe does fit all", it's requests for admissions. If you don't answer them, they're admitted. Shoe size notwithstanding.

Here is your state's rule on requests for admissions:

B Response. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter,

So, you read that rule and then assume that I send you a request for admission asking you to admit that your debt to me is non-dischargeable. Assume further that you ignore my request for admission.

1. Have you or have you not admitted that the debt is non-dischargeable?

2. If you have admitted that it is non-dischargeable, is that admission legally effective?

3. If it is legally effective, can you retract that admission and how much will that cost you?

4. Isn't it just the better course, no matter the size of the shoe, to just answer the damn thing rather than have your discharge be held to be ineffective with respect to the subject debt?

Please do not lead this person to believe that it's ok to ignore requests for admissions. No matter the state. Depending on what the requested admission is, it could cause him to lose his discharge.

[treehugger1]

Check out your state and local rules of civil procedure! Since this is not an interrogatory ordered by your local/regional court, then I doubt you will be in "contempt." I appreciate MSBK's advice, but one shoe does not fit all! Here in Oregon, you can be requested by the plaintiff's attorney, after a judgment to fill out all kinds of financial information. If you fail to do so, you are not in contempt of court. What does happen is that the plaintiff's attorney can file a motion to compel. This means the plaintiff's attorney must go through the process of filing (and paying for) a motion that requests the court to "force" you into the courtroom. I don't know your state laws, but if it were me, and the laws required service for you to respond to an interrogatory, I would sit this out and wait to be served, If the plaitiff's attorney is that serious they will have to abide by your rules of civil procedure.

Now, if you are served a summons, after failing to acknowledge the plaintiff's attorney, and you fail to reply to the court order, you MIGHT be found to be in contempt. No big deal. If you receive a summons from the court/judge, that is when you would need to supply an answer or appearance in court. In addition, you can force the adversarial party (plaintiff's attorney) to be in the courtroom before the judge. In the end, if you have no assets, the plaintiff's attorney has just wasted a great deal of their time, and potentially additional costs against the plaintiff.

Again, this is just according to my state (Oregon) laws from what I can glean.

Many states do allow due process involving interrogatories to be served directly from plaintiff to defendant. This does not appear to suggest that failure ot reply breaks any laws. It might force the plaintiff's attorney to file an actual motion with the court to force you to reply. At this time, you have no choice.

On the other hand, I have done a great deal of research in my lcoal courts related to folks who just said, F^^K IT." It does not appear that the local courts or the sheriff's office acts on such contempt. However, should one be pulled over for a speeding violation, etc there is the chance that you could be arrested. Unlikely in my state, since the state cannot possibly afford the costs to incarerate the smallest of misdemeanor charges.

It sounds as if you have already done some research in your area. I would go with that.

This is not legal advice, but it is the statement of one who is experiencing such acts. Your mileage may vary.

[MSbklawyer]

'extreme peril'? What could happen if I don't respond? Plus the request came through standard mail instead of registered mail.

The request will be deemed admitted.

What are they requesting that you admit?

For example:

Them: "Admit that your debt to us is non-dischargeable".

You: "No answer".

Judge: "The debtor has admitted, pursuant to rule 36, that his debt is non-dischargeable. Mr. Jacko, I am granting you a discharge, but it will not apply to this particular debt."

I can't make it any plainer than that.

[DeadManCrawling]

What if they file BK in the days BEFORE the ordered exam?

That should stop the progression, right?

We have a similar scenario and plan to file just ahead of the exam.

[jacko]

'extreme peril'? What could happen if I don't respond? Plus the request came through standard mail instead of registered mail.

You said they refer to Rule 36 and that they have a judgment against you. Rule 36 is a request for admission. No court is going to MAKE you respond to a request for admission. The court will just deem it admitted if you don't answer within the required time. I'm not trying to be overly dramatic, but you ignore a request for admission at your extreme peril.

[MSbklawyer]

You said they refer to Rule 36 and that they have a judgment against you. Rule 36 is a request for admission. No court is going to MAKE you respond to a request for admission. The court will just deem it admitted if you don't answer within the required time. I'm not trying to be overly dramatic, but you ignore a request for admission at your extreme peril.

[jacko]

They are asking were I bank plus location, full name, SS, address, phone number, employer, and car make: year and license #, own property. I am surprised they are not asking for brokerage info.

Sounds like this is a voluntary request. If they want it, they have to get the court to ask officially.

Yes you should. Keep the answers as brief as possible. 'Yes', 'no,' and
'I don't know' are acceptable answers. Do not let them bully you. Do you have an attorney?

[AngelinaCat]

Yes you should. Keep the answers as brief as possible. 'Yes', 'no,' and
'I don't know' are acceptable answers. Do not let them bully you. Do you have an attorney?

[jacko]

So, I should answer their questions? Currently collection proof and in foreclosure.

Then don't, under any circumstances, let those requests for admission go unanswered. God only knows what they'll have you admitting to.

[MSbklawyer]

They have a judgment against me.

Then don't, under any circumstances, let those requests for admission go unanswered. God only knows what they'll have you admitting to.

[jacko]

They have a judgment against me.

Do they have a judgment against you? Is a suit pending?