Request for Admissions, First Interrogatories to Defendant, Plaintiff's First Request to Produce Documents

If your pre-paid legal attorney cannot help you, here are some resources for finding an attorney who can.

FindLaw.com has a listing of attorneys from various cities and states. Here is the link for Georgia:

http://lawyers.findlaw.com/lawyer/state/Georgia

Here is a link to a page, from the same website, that gives tips for finding, evaluating and hiring a lawyer.

http://public.findlaw.com/library/hiring-lawyer/hiring-lawyer.html

I am currently working with a debt settlement company.

Whether or not that is a wise thing to do depends on which company it is and what is said about them by various organizations and your state attorney general's office. Your local chamber of commerce and the better business bureau are also excellent sources of information about these debt settlement companies. While many of them are reliable business concerns there are a great many more who are not and only end up leaving the consumer in worse shape than ever. If they are not listed and approved by local agencies you might want to reconsider doing business with them.

I received a summons for an attorney representing Target, in which I responded and filed with the court within the 30 day timeframe. I have now received papers asking for a request for admissions, first interrogatories, and request to produce documents. Do I need to respond to this? And, if I don't will it hurt my case?

Yes, you do need to answer their request for such information however how you answer their questions is crucial. In most jurisdictions you have 30 days within which they must be answered although some jurisdictions will allow an extra 10 days under certain conditions. What the rules of procedure often state is that in the event the questionairres are not answered the presenting party must contact the offending party and ask when they plan to do so and then the respondent usually has an additional 10 days in which to respond.

If the respondent does not answer within the time frame allotted by the local rules of civil procedure the sending party may demand in court that all questions not answered be deemed admitted.

How you answer the questions is important and in order to properly answer without benefit of attorney you need to study your rules of civil procedure to determine what are permissable answers, permissible reasons to object to certain questions and how to properly deny the question.

You also need to learn to look for questions that are irrelevant to the outcome of the case and answer them as being irrelevant to the outcome of the case and therefore objectionable.

An example of such a question might well be "List all of your employers for the last 10 years" or maybe "Please list all of the addresses at which you have resided or received mail during the last 5 years"

Such questions are irrelevant to the outcome of the case and the rules of civil procedure in most jurisdictions would allow you to object to such questions as are irrelevant to the outcome of the case.

Another thing to know and remember is that if you send demand for a list of interrogatories to the plaintiff's attorney he will most likely not answer any of them in any meaningful manner. He will object to every one that he possibly can get by with objecting to. I have seen attorneys from all over the nations respond to demand for admissions and interrogatories sent by hundreds of defendants and not one of them has ever answered any question in any meaningful way. Attorneys are very skillful at evading the questions of defendants. Demand for production of documents usually produces much the same results although that is a bit more likely to succeed than are demand for admissions or interrogatories.

Did you send the plaintiff's attorney your demand for interrogatories, admissions and production of documents? If not you might wish you had done so because as it is you are behind the curve on the 30 day time frame when you should have been on the positive side of the curve so that in the event the plaintiffs attorney failed to answer your demands you would have the right to go to court and demand that all your questions be deemed admitted and a way to at least hope to deny them the right to present any documentation against you in court.

Most judges won't allow that to happen to the plaintiff however for the simple reason that if he can't bring documentation into court then he supposedly has no case. Judges are well aware that if there is such a failure (rather unlikely)it is the fault of the attorney and not the fault of the plaintiff and the plaintiff should not be penalized for the improper actions of his attorney.

So fair or not, your failure to answer the demands presented to you in some manner or other will weigh heavily against you but the attorney's failure to answer the defendant's demands is not likely to hurt the plaintiff's case at all because it isn't the plaintiff's fault that his attorney failed to do his job.

There are lots and lots of tricks to this courtroom stuff and the only way to learn any of them is to carefully study your Rules of Civil procedure. You will find that there are usually local rules of court procedure and then there are the state rules of civil proceedure which are always based on state statutes.

Local rules can and usually do vary from county to county because they usually only deal with how the local courts want to run the daily grind of the court system. You have to learn the both of them to even hope to succeed against a seasoned attorney.

I do hope my comments will be helpful but please be advised that I am not an attorney and nothing I have said should be construed as legal advice. You will probably want to consult with a local attorney for any legal advice.

I used a pre-paid legal attorney to respond to the summons, but there was a problem with my account and I have to start over. I'm starting to stress over this because time is growing short.

My debt settlement company is trying to negotiate a settlement with the attorney. I was told they wanted 80% but I don't quite have that amount in my account. It is closer to 70%. However, the last amount I was given was they wanted $10,000 of an $11,264.14 debt, which is just under 90%. The attorney also added $105 to the balance stated in the summons ($11,159.14). This is a balance which has not changed since Jan. 25 and I don't understand or see how they can change it now.

There is no way to deny the truth.

you headed toward the plaintiff prevailing on summary judgment.

requests for admissions must either be answered truthfully or objected to.

You must have a legitimate defense, but more importantly, you must attack their supporting proof of claim.

Because you're in GA and Target is based in MN, any records presented in court can be challenged as hearsay as they likely will not have a witness appearing from MN. The attorney cannot simply offer statements from Target as competent legal evidence of the debt. They must be able to produce a witness with first hand knowledge that the records presented were maintained in the regular course of business. An affidavit can be attacked in the same manner.

They will file a motion for summary judgment before trial. You must be sure to file an objection to their motion based on the inadequacy of their evidence.

the interrogatory will usually make a statement and ask that you either admit or deny the truth of the statement..

Another illustration of we might deny the truth of a question is one that does happen fairly often.

The example I'll use is where Dewey Cheatum and Howe demands that we admit or deny that Screwloose Bank is now and at all times has been properly licensed and authorized to do business in the State of Confusion. I've seen that kind of question asked by attorneys many times.

While it may seem like a logical type of question for them to ask, you should neither admit nor deny the truth of such questions because they call for a legal conclusion which you are not qualified to answer. So you can object to such questions on that grounds.

Often their questions are in the form of lengthy paragraphs which actually contain multiple questions all rolled up into one. One reason they might do that is due to the fact that there is a limit to how many questions they can ask, usually around 30 or 35 questions.

Maybe you don't understand because of the complexity of the question so you may want to object on the grounds that the question is ambiguous and confusing, then ask for clarification. Attorneys often claim that questions asked of them demand legal conclusions or are ambiguous or are confusing.

Since you are normally allowed 30 days or so to answer their questions you should use some of that time to study your rules of civil procedure and rules of evidence to gain a better insight into how to answer their questions if you cannot afford an attorney to do it for you.

Such answers raise no dispute of material facts offered by the plaintiff, as weak as they might be. If you cannot provide a basis of dispute by admissions, there are no triable issues and plaintiff's counsel will move for and be granted summary judgment.

I was behind the curve on submitting my "demand for interrogatories, admissions and production of documents". I had a short time frame in which to work and you were right, they have summitted a motion for summary judgement. However, I will file an objection to their motion.

Thank you for your insightful advice. I've learned a lot over the last year, but it appears I still have a great deal more to learn.

I received the objection to their motion on Tuesday and was able to file it the same day. However, even better news. My debt settlement company was able to settle for less than the law firm's original request of $10,000. It will be paid to them this month and I'm making sure that the attorney will notify the court that the case has been settled.

I have two other accounts yet to be settled, but I am a lot wiser now and I thank you for your help. Should either of the others go into legal status, I'll know what to do and will be prepared.

Thank you.

I am in the same situation as yourself. I, too, went with a debt settlement company. We have been in the program for a year now. We have one that needs settled but there isn't enough money in the account for it to be settled.

I went to the conference hearing on 11/27 and we have to answer the interrogatories by 12/22. We cannot deny anything as they've already shown proof (Citibank).

We have a settlement conference on 2/2 with the judge. I don't think my DSC will settle before then due to their being no money in the account.

I'm trying not to think about this so I can enjoy our holiday season. Any advice anyone can offer will help a lot. It's all I worry about anymore knowing we wasted SO MUCH $ on the DSC. We handed it over while we do the work!

Hang in there. I'm in the same situation again with another creditor. I don't have enough in my account. However, the one thing you do have going for you is that you ARE trying to do something about it.

I have been in the program for just over a year and have had two accounts settled. The second for much more than they usually settle for, but they did it. I read in their company's newsletter that one client had to go before a judge and he sided with her because she was trying to do something about it. Don't give up. I can't give you any legal advice but I certainly can give you moral support.

The creditor I'm dealing with now has gone through using about 3-4 companies. I'm now being hounded by CFG. I learned from another website that they are real bottomfeeders and have violated the law so many time.

Yes, we have to do a lot of work and the emotional toll is HUGE! But if it makes you a stronger person, then isn't it worth it? Keep in mind that not all creditors are bad. The first one I settled was with Bank One and I had one of their reps tell me "Congratulations, you're doing something about it!" I know Citibank isn't doing that, but I'm telling you that. It doesn't matter how you're doing it, on your own or with a debt settlement company, you ARE doing something about it.

If you need to, and your DSC has them, get records from them concerning calls they made to the creditor or the group you are now dealing with. They should have them available. If any attempts have been made to settle and they've been rejected, that should prove at least that they are unwilling to deal with your DSC. I'm no judge, but that would say something to me.

Try to enjoy your holidays and know that you have one person on your side.

I have one more after this one, MBNA, and I'd gladly go to court and fight them. They perjured themselves in arbitration and I have that proof. I also have not heard back from the attorney after asking that the debt be validated.

They said in the arbitration that they were charging me 6%, when they were actually charging me over 18%. $14 of my monthly payment ($255) was going toward the principal, the rest was going toward the interest. There was no way on earth I'd ever pay off that account. No one could.

Gather everything you've got and go in with your head high. As my boyfriend would tell me - "You can do this!"

In this request you should have gotten some instructions, if there are no instructions for you there then I think you should respond, it is a request after all. If you don't do anything about it then there are legal procedures that may hurt your case. Once you are involved in something, you should make sure you stay involved until it's finished.
Graham at court interrogatories

They should take it legally. And everything must be under due process.
tampa attorneys

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