Impose sanctions???

[ruttie]

I'm new to this site. I retained an attorney in dec, 2010 with intent of fileing ,BK 7 probably sometime next month. I has a sommons served, responded, they didn't lioke my answers to interrogatories. They sent me a nasty letter, stating to resubmit answers or they would request a motion to impose sanctions??? My attorney said not to have any contact with the plaintiff attorney, that they would call them. now today I get a order to compel signed by the judge. The plaintiff attorney wants me to resubmit interrogatories or possibly get motion to impose sanctions. What are the consequences of still not responding?( can the do anything that wouldn't be wiped away in BK?) can they hold me in contempt?

[justbroke]

My attorney said not to have any contact with the plaintiff attorney, that they would call them. now today I get a order to compel signed by the judge. The plaintiff attorney wants me to resubmit interrogatories or possibly get motion to impose sanctions. What are the consequences of still not responding?( can the do anything that wouldn't be wiped away in BK?) can they hold me in contempt?

Yes, they can hold you in contempt and issue a Summary Judgment. You should contact your bankruptcy attorney immediately! I'm sure there is a date on the "Order to Compel Response" to the interrogatories. Make sure your BK attorney files your petition before that date and submit the Suggestion of Bankruptcy, or whatever the procedure is for your local court system.

Your attorney is correct that you shouldn't respond, since you are now represented by an attorney.

[ruttie]

what do you mean by files my petition? I cannot file until maybe next month, after I finish paying the attorney. I'm not worried about the summary judgment but what would they do if they help me in contempt?

[ValleYum]

what do you mean by files my petition? I cannot file until maybe next month, after I finish paying the attorney. I'm not worried about the summary judgment but what would they do if they help me in contempt?

From a quick Google search:

Any person found in contempt is guilty of a class 2 misdemeanor. (AZ 12-863.B Trial; classification; appeal)

Class 2 misdemeanor: up to $750.00 fine and four months in jail; http://legal.asua.arizona.edu/misdemeanor.html

[justbroke]

what do you mean by files my petition? I cannot file until maybe next month, after I finish paying the attorney. I'm not worried about the summary judgment but what would they do if they help me in contempt?

This depends entirely on your local laws. This is specifically why I indicated that you really should be speaking with your BK attorney on how to handle the interrogatory matter. If it's a Court Order, then you are compelled to respond, under penalty of contempt.

[catleg]

They're fishing for information to satisfy their expected judgment.
This is what happens when you mess with a court process, sometimes it takes an evil turn.
You would have been better off just letting them get a judgment by default and try to collect.
My advise to you is to fill out the interrogatories and get filed BK pronto.
If you list money in a bank, the day after you mail it, you close out the bank account.
It's all part of a process designed to bring pressure on you.

[frogger]

Nothing better than a contempt charge by a judge for not obeying their orders. They love to issue a bench warrant for contempt and have people arrested...........

Get with your attorney a.s.a.p.!

[ruttie]

don't they first have to obtain the judgment & then file a writ of levying your bank account? I have already taken most of the money from my acct. I only put in enough to cover what is coming out, so if they hit me unexpectedly, they won't get too much. Reading so many forums in different sites, gives you the impression that they are all going to go away, if you answer the copmplaint, but it turned out that the plaintiffs attorney, is going for the jugular. I wasted 223. just to answer the summons, a undetermined amt. of time researching what to do, I ended up retaining an attorney for filing BK, & I'm still going round for round with the plaintiffs attorney. When does this ever end. I still haven't had enough to pay my attorney down to be able to file, should be by next month, but in the meantime, I need to get this taken care of.

[treehugger1]

We all have our own comfort zones. I refuse to answer a civil summons related to debt unless 1) The amount listed is way too large or 2) I have a SOL affirmative defense.

You are correct in that many forums and websites claim that you should always answer a civil suit for debt. That's great if you understand the rules and are willing to live with any mistakes you might make. You also need to fully understand that not all states have the same civil procedural rules. Even then, often times counties have slightly different revisions of procedural rules called "local rules." In state court systems, not all shoes are alike. You want the shoe that specifically fits your state and local court systems.

What interrogatories did they request? I can't imagine they would ask for financial information if they do not have a judgment in their favor. If they are requesting this type of information, then you might need to do some research in your own court district to see what acceptable responses might look like. You might go to your local courthouse and look up the atorney firm and see if you can research any other suits initiated by the plaintiff. You might find some hints if other folks have answered similar complaints and interrogatories.

[justbroke]

I think you hit on the key subject treehugger. It reads that this is already a judgment, and the only way you could be compelled to answer interrogatories, is if they are looking for assets. At least that's how I read it. And yes, one could have ignored the entire case, but once the Default Judgment is entered and interrogatories concerning assets is sent... it's a different ballgame.

[ruttie]

actually the plaintiff attorney stated that my answers were improper and invasive. The majority of the questions I answered with an onjection, that the questions is personal, private and confidential or that teh plaintiff attorney assumes that there is an acct. being sued upon. 1.) state your name as well as any names that you have used 2.)state every address you resided in last 10 yrs. 3) describe in detail your application for the acct. 4.) describe the purpose for which you obtained the acct(personal,business 5 name every and any person whom used teh acct w/address & phone # 6) name every ind. whom made payments addree/phone 7)how did you make payments, check MO, otherwise 8) name every banking institute in which you maintained , personal business otherwise ( I could name every bank that I bank with in the last 25 yrs?) 9) if you ever disputed a charge detail when/how outcome?10) if you notified plaintiff of any unauthorized use how was sent the outcome 11) if you ever reported lost or stolen detail when outcome 12) if acct. was identy theft 13)If you owe less than the current balance due detail why 14) if you attempted to close when why how 15) authorized a 3rd paty to use then attempted to terminate their use 16)name every banking institte or lender whom you owed money to & did not fully pay explain why you did not 22) state every individual to whom you have been married when and/or divorced, when (#17 thru 21 deals with criminal involvement/ arrest)

[frogger]

The majority of the questions I answered with an onjection, that the questions is personal, private and confidential

Everything changed when the judge signed the motion to compel. Once again, get with your attorney a.s.a.p. and satisfy the judge or the judge will have an arrest warrant issued for your arrest for contempt.

[catleg]

The problem is that some jurisdictions essentially let the plaintiff do a debtors exam during the discovery phase. No sense putting yourself through that.
Although these interogatories look designed to take out any affirmative defenses you might have.

It's like anything else that you do once in your life or every 10 years vs people who do it every day. Like buying a car or a mattress. They have a big home field advantage.

[ruttie]

tHE THING IS THAT THIS HAS ALREADY BEEN SET UP FOR ARBITRATION. I CALLED THE ARBITARTORS OFFICE AND TOLD THEM THAT WE HAD REATAINED AN ATTORNEY FOR BK 7 & SHE SAID THAT WAS FINE, IF THEY HAD ANY ADDITIONAL QUESTIONS THAT THEY WOULD CALL. NOW THE PLAINTIFFS ATTORNEY JUST KEEPS PUSHING THE ENVELOPE. MY BK ATTORNEY DOESN'T WANT TO GET INVOLVED WITHOUT CHARGING ME MORE MONEY, STATING THAT THIS IS OUTSIDE THE SCOPE OF THE BK, BUT I CANNOT SIT BY IDLY AND GET IN MORE TROUBLE. MY HUBBY IS SO PISSED THAT I EVER RESPONDED IN THE FIRST PLACE & EVERYTIME I GET SOMETHING ELSE IN THE MAIL, IT JUST STARTS ALL OVER AGAIN. WE HAVE ALOT OF BUSINESS DEBT, THAT WE FILED ON IN 2009, BUT A FEW ARE TRYING TO COME AFTER US PERSONALLY, SO THAT IS THE REASON WE DECIDED TO FILE BK 7, AND ALSO WITH THIS PLAINTIFF STILL TRYING TO GET BLOOD.JUST WHEN I THINK I CAN SIT BACK AND BREATH, HERE WE GO AGAIN. I DON'T SEE TOO MUCH THAT IS GOING TO GIVE THE PLAINTIFF ATTORNEY THAT MUCH AMMUNITION, BECAUSE BY THE TIME THE DEFAULT JUDGMENT IS GRANTED, I WILL HAVE PROBABLY FILE MY BK.

AM I GOING TO GET INTO ANYMORE TROUBLE BY GIVING A DIFFERENT ANSWER TO THE INTERROGATORIES THAN THE FIRST TIME I SUBMITTED? ARE THEY GOING TO GO AFTER SOMETHING ELSE ON ME, IS THIS THE PURPOSE OF REQUESTING A RE-SUBMISSION OF THE INTERROGATORIES.

[justbroke]

Please use mixed case in the future. I could barely read your response.

As you are finding, attorneys cost money. Your BK attorney is not obligated to deal with the civil matter in the state non-bankruptcy court. If you want his help, you have to compensate him (your attorney) for his time. That being said, you have a Motion to Compel issued by the bench. Don't let the next thing from the bench, be a warrant.

You should SERIOUSLY consider compensating your BK attorney to intercede and represent you in the civil matter. This problem won't just go away.