Crap 1 debtor exam

[MSbklawyer]

You've got to be extremely careful with the requests for admissions.

If you don't answer them timely, the matter is admitted.

For instance, they could serve you with a request for admission that says:

"Please admit that you owe us $65,000."

"Please admit that the aforementioned debt was incurred as the result of false pretenses and actual fraud within the meaning of 11 USC 523(a)(2)."

If you don't bother to deny that; if you call their bluff by just not answering, you've admitted that you owe 65K and that it is non-dischargeable. You'll have a hell of a time getting a court to allow you to retract that admission.

[MSbklawyer]

Subpoena from the court? Looks like its a request from the law firm, not the court. They use the word 'request'. No sanctions listed if I don't respond. The cover letter's last paragraph states " This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose." Plus they sent it through standard USPS mail to my mail box. Not registered mail.

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

[jacko]

Subpoena from the court? Looks like its a request from the law firm, not the court. They use the word 'request'. No sanctions listed if I don't respond. The cover letter's last paragraph states " This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose." Plus they sent it through standard USPS mail to my mail box. Not registered mail.

Have you filed bankruptcy yet? Rule 36 pertains to requests for admission. Rule 69 governs execution of judgments. What you're undergoing is a judgment debtor exam.

Was it accompanied by a subpoena?

Be careful on calling their bluff. I don't know your local rules, but failure to provide the documents requested without a protective order may amount to contempt in your neck of the woods. You could find yourself in jail or with a non-dischargeable sanction.

[MSbklawyer]

Got a packet letter from their local law firm requesting(that is the word they used) financial information such as were I bank, employment, own a home, car etc.. The letter is notarized. They cited Pursuant to rules 36 and 69 of my states Rules of Civil Procedure for the District Courts.

I have 30 days to respond to the forms and need to have notarized.

Certainly glad that I closed my previous checking account and are fishing.

Calling their bluff and have the court order me to do so.

Have you filed bankruptcy yet? Rule 36 pertains to requests for admission. Rule 69 governs execution of judgments. What you're undergoing is a judgment debtor exam.

Was it accompanied by a subpoena?

Be careful on calling their bluff. I don't know your local rules, but failure to provide the documents requested without a protective order may amount to contempt in your neck of the woods. You could find yourself in jail or with a non-dischargeable sanction.

[jacko]

Got a packet letter from their local law firm requesting(that is the word they used) financial information such as were I bank, employment, own a home, car etc.. The letter is notarized. They cited Pursuant to rules 36 and 69 of my states Rules of Civil Procedure for the District Courts.

I have 30 days to respond to the forms and need to have notarized.

Certainly glad that I closed my previous checking account and are fishing.

Calling their bluff and have the court order me to do so.