I have been getting alot of email and posts in regards to this question so hopefully I can clear this up. Now let’s keep in mind that I am not a lawyer so this is NOT legal advice. This is common sense and a warning to everyone out there who gets Discovery sent to them which includes Request for Admissions or titled Request to Admit Facts.

Do you need to Answer your Request for Admissions that were given to you by the Plaintiff? By the Defendant? ABSOLUTELY.

The first thing you need to do is look up your local court rules under Discovery or your Local Court Rules could have Admissions, Interrogatories, Production of Documents all labeled separately.

Now I don’t know what State you are visiting from so I will show you an Example of Indiana Admissions what they tell me I need to do:

Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within a period designated in the request, not less than thirty [30] days after service thereof 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, signed by the party or by his attorney.

Do you see in bold red above what that is telling me? For those of you who do not understand this my court is telling me that every single Request for Admission is DEEMED ADMITTED unless I ANSWER those Admissions by simply giving them a Written Answer or Objecting to them.

The Lawyer who sent you those Admissions should have told you how many days you have or put According To Your Local Court Rules the below Admissions are being requested of you to Answer something like that. They may leave out how long you have to Answer Them.

NOW if you were given Request for Admissions and you ignore these and don’t answer them all the opposing Attorney needs to do is file a Motion to have those Admissions Deemed Admitted per your Local Court Rule. In case I am confusing anyone here is how this plays out:

The Opposing Attorney draws up a Paper Labeled Request for Admissions or Request to Admit Facts.

On that paper it will tell you how many days you have to Answer them or they may just slip in there according to your Court Rule ____ you must Answer the below Admissions.

You decide you aren’t going to answer those admissions and the time lapses over the 30 day mark (or how many days you were given)

Each and every Admission that the Lawyer asked you to Answer can and will be Deemed Admitted because you failed to answer those Admissions.

Now look at those Admissions. All of them will be deemed admitted. What if those admissions have on there: Admit you owe ________ $4000.00, Admit that you opened a credit card with ________ bank on ______ date. Admit that you use that credit card ETC., it doesn’t matter what is on there each and every Admission will be deemed admitted.

So if you decide NOT to answer those you are basically letting them win their case. Because if you don’t answer your Admissions you admit every single thing on there. You admit you owe them money, you admit you opened a credit card, you admit you defaulted, you admit that they get Attorney Fees ETC.

If they file a Motion to have those Admissions Deemed Admitted you will lose. You will owe them every single penny.

So YES you MUST Answer your Request for Admissions PERIOD!

If you cannot Answer those Admissions in a timely manner you can call the Law Firm and ask for an extension of time, if they won’t work with you, you can file a Motion with the Court Requesting more time.

There is no EXCUSE for not answering those Admissions. If you don’t know how to properly answer those Admissions go here for further help: REQUEST FOR ADMISSIONS

Answer them or LOSE your case, and they must be NOTARIZED.

Answer & Send Your Own Request for Admissions to the Lawyer per your own Credit Card Lawsuit:

Quickly a Request for Admissions are basically written statements that you prepare & serve on the Plaintiff to secure the Plaintiff’s admission that facts are true or that documents are genuine. This works as well with the Plaintiff sending off their own Request to Admit Facts/Request For Admissions both are one of the same.

Requests for admissions are not to Discover any information but to make it easier on you at trial. Or you could possibly make it easier on them at trial if you do not know how to answer them the right way. 

Collection Agencies will use trick questions to get you to mess up this entire process of Discovery and most will succeed.

If you don’t know how to answer your Request for Admissions that have been sent to you by the Plaintiff or you have no clue how to send off your own Request for Admissions for the Plaintiff to Answer I suggest you seek my help.

The reason for Requests for Admissions are simple: Once you get the Plaintiff to admit a fact is true you can then offer that admission as evidence to the court. Keep in mind that once they get you to Admit a Fact is true you could lose your entire case if you don’t know what you are doing.

For Further Information go to: www.requestforadmissions.com

Credit Card Debt Lawsuit Request For Documents

Answer & Send Your Own Request for Documents to the Collection Attorney per your own Credit Card Lawsuit:

Quickly a Request for Documents are for the Plaintiff and Defendant to Request that a party hand over documents that are asked for per the Request. Quite simple Actually.

In Collection Lawsuits these guys will ask you for the Credit Card Contract, the Application, copies of the payments you made to the Original Creditor, copies of receipts, letters, and more……..

If you Answer these requests and do not object you can be ruining your entire case as well. (just putting it out there) it’s up to you how to answer.

However, when I was sued by a Collection Agency I objected to every single Document request that was asked of me.

They asked me for copies of all notice letters, collection letters, statements and charge slips in your possession on the contract sued upon. 

They tried to trick me by asking me to provide copies of any and all receipts, letters, or other information that supports your contention the account was paid in full.

For More Information go to: http://www.requestfordocuments.com

Answer & Send Your Own Interrogatories to the Collection Attorney per your own Credit Card Lawsuit:

Quickly Interrogatories are questions sent to the Plaintiff or Defendant to Answer Under Oath.  All Interrogatories must be Signed and Notarized.

In Collection Lawsuits the Attorneys are trying to get you to Win their case for them. They will ask you trick questions. They will ask you questions that are just like another question given before it and hopefully you answer it differently than the first question so that they can nail you with it.

Interrogatories can be quite intimidating and scary, especially when they ask you for your Bank Account Information or Employment Information.  They do this because they are trying to intimidate you into thinking you are going to lose.  Asking for bank information or employment information is basically a set-up by them so that you answer it and say they win (unlikely) you save them the trouble of looking up your bank to freeze your account and your Employer to Garnish your Wages.

If you have been given Interrogatories from the Plaintiff they must be answered within the time allowed by your court. Most courts allow 30 days however, you must check your Rules and see if this applies to you.

You can not ignore any Discovery that is sent to you. If you think that you do not have to Answer any Discovery think again.  The main vein so to speak in the discovery process is Admissions.  Admissions not answered can be deemed admitted and that right there can ruin your case.

If you need further help I recommend that you visit: www.creditcardinterrogatories.com for more information.

I have discussed this previously in other posts however I really need to make this clear to you all that when you receive the Collection Agency’s Request to Admit facts that they basically have started their stop watch with a Ready Set Go!!! You now have so many days to answer those and get them in ASAP!!

Besides Interrogatories and Request for Documents being important in answering during the Discovery Phase of your Lawsuit. The Request to Admit Facts is the MOST IMPORTANT PHASE and the most IMPORTANT part of Discovery to answer and get back to the Opposing Attorney within the time frame allowed by your court.

Collection Agencies, Junk Debt Buyers feed off of this part of Discovery. They have set their timer and what they like to do is say blah blah blah fill this out and send it back and MOST leave out that your Discovery is being timed not only by them but them using your court rules to nail you on this.

Without confusing anyone go to your Local Court Rules and look up how much time your Court Allows for you to Answer your Request to Admit Facts which would be under Discovery or Request for Admissions.

SAMPLE:

My State (INDIANA) has the following read it carefully:

Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within a period designated in the request, not less than thirty [30] days after service thereof 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, signed by the party or by his attorney.

What this means is that the Defendant and the Plaintiff have 30 days to Answer the Request to Admit facts or they will be deemed admitted.

Do you see why the Request to Admit facts is the most important part and why you are on a timer with a Collection Agency Attorney?

They are hoping that you don’t know your Local Court Rules as far as how long you have to answer these Requests. And on that day you are late you can be damn sure they will file a Motion to Deem Admissions. The court here in Indiana says hey you have 30 days to answer these Admissions and if you don’t every single one of the Requests to Admit will be deem ADMITTED.

Now look over all those requests. Every single one of them can be deemed admitted and the Opposing Attorney can win. You’ll see why by after reading them. You basically admitted this is your debt, you signed this, you agreed to this, you made payments etc.,

NOW this also is true for you the Defendant as well. Remember that. The date that you mail those Request for Admissions starts the clock as well for the opposing attorney. If they fail to answer your Request to Admit Facts upon the time frame given by your court well you too just like them can file a Motion to Deem Admissions!

So read your court rules under Request for Admissions (Discovery) and see how long you have to answer them. Most likely the Attorney just said HEY ANSWER THESE and didn’t give you a time frame hoping you’d screw this part up so they could file that Motion to Deem Admissions and win their case.

During the Discovery Phase the Request for Admissions and/or Request to Admit Facts are the MOST IMPORTANT as far as getting them back to the opposing attorney ON TIME!!!

Bombarded with questions about what needs to be signed after Discovery is answered.

All you need to do is go to your Local Court Rules Under Discovery or Interrogatories to Parties, Admissions & Request for Documents.

Your Court will tell you exactly how this should be formatted and that it should be signed by the person answering the Interrogatories or Objecting to them. That does not mean you have to sign every single Answer or Objection. So if you had 25 Interrogatories to answer or object to you wouldn’t sign your name after each of those.
Believe it or not people think that’s what they are suppose to do and that is not right.

If your court is telling you that you need the Interrogatories signed and notarized that you would have this notarized in its entirety.

EXAMPLE
Say I was given 25 Interrogatories to answer. I would review my court rules on how these should be answered or objected to. I would then go through numbers 1-25 and answer or object to each and every one of them.

And when I am finished with #25 right there at the bottom of that paper is where I would then have this notarized. You will sign this in front of a Notary of the Public. So all 25 Answers or Objections have been signed and notarized as required by your court.

Responding to a Collection Agencie’s Interrogatories

The Plaintiff will send you a bunch of questions that can consist of Personal Information such as your name, address, your social security number, where you bank etc.,

You can object to the question and provide the grounds why you are objecting. Or you can simply answer the Interrogatory with a simple answer.

You can also object to a part of the Rog and answer the other part. Such as Defendant objects to giving out his Social Security Number on the grounds that it ______________. The Defendant Answers that his full name is John Franklin Doe.

All Rogs that are objected to must state the grounds as to why you are objecting to that certain Rog.

If you would like more help on how to Respond to Interrogatories:
Click Here

When a Junk Debt Buyer sends you Discovery included is a Request for Admissions.

A Request for Admissions are a set of statements that the Junk Debt Buyer is asking you to Admit or Deny.

Interrogatories and Request for Documents just like Admissions you are given a certain amount of time to answer.

HOWEVER HEED THIS WARNING!!!!

Alot of people do not realize that a Request for Admissions or (Request to Admit Facts) MUST be answered within the time allowed by your Court.

If you do not answer your Request for Admissions timely these scum bags will file with the court a Motion to Deem Admissions Admitted because you failed to send them back the Admissions within the time allowed by your court.

Works both ways, if you send them off your Request to Admit Facts and they do not send them back to you within the time allowed by your court you can also file a Motion to Deem Admissions Admitted.

So hypothetically speaking let’s say they sent you off their Request for Admissions and you didn’t answer on time. They filed a Motion to Deem Admissions because of your failure to answer timely and the judge granted that.  That means that every single Admission that they asked you to admit has now been DEEMED ADMITTED by the court.  So take a look at every single admission……….all of those are now admitted and you will LOSE.

You could also file a response to their Motion to Deem Admissions Admitted by stating to the court your reasons for not answering timely and pray that the court allow you more time .

Simply do not get yourself into that mess to begin with and Answer these TIMELY!!!!

So go check your Local Court Rules and see how much time you have to answer these and get them back to the Plaintiff.

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When dealing with a Junk Debt Buyer/Collection Agency this to me is a whole new ball game because they are a bunch of slime buckets that use the same Admissions for every single one of their clients and half of them don’t make sense to your case.

If you are sitting there reading your Discovery and by that I mean your Interrogatories, Admissons and Document Requests have you noticed that some of those don’t have anything to do with your case? That’s because use the same Discovery Papers over and over and over again for each of their cases, they are sloppy and don’t care.

A few questions that I received in my Admissions from LVNV were like WTH are they talking about? Just like their Affidavits all of this is copied, pasted and printed to be sent off to the next victim.

My admissions compared to the Interrogatories and Requests for Documents were all answered with a few words. Every single one of them because I refused to admit something that was not proven by them.

And you know what sucks even more is the fact that when you send them off your Request to Admit Facts that they either do not answer you back or simply put some mumbo jumbo crap down that it is an Attorney Client Privilege.    Or they just put Denied all the way down the board.

An example would be with my lawsuit with LVNV they sent me back my Admissions AFTER 30 days that were allowed by the court (because they don’t care) they answered almost all of them with a “Denied”. And they lied with those “denied” answers because one of the Admissons I asked was:

ADMIT THAT YOU DO NOT HAVE THE AGREEMENT TO CLAIM THE AMOUNT SUBMITTED IN THE COMPLAINT. They put DENIED.

They lied because they even told my court that they did not have the agreement and were using due diligence to retrieve it. (again they don’t care)

I also put Please Admit that your Attorney failed to Comply with Indiana Trial Rule 9.2 (which means they failed to attach the original contract with the complaint) WHICH THEY DID FAIL TO DO. And they answered DENIED. (BULL SH**)!!!

Here’s one… I put Please admit that you do not have a copy of the original cardholder agreement and they put ADMIT.  HELLO????  They just DENIED that they didn’t have the Agreement in my other question and now put ADMIT so YES I tricked them and it worked!!! I could have won my case right there but……

My case ended before trial so I couldn’t use any of that.. but just by them admitting in the above paragraph and denying in the other I would have won my case.

My point in the above paragraph is here you are sweating this out and they could give a rats butt about it and are just hoping you screw them up by not sending them back timely.

What I’m getting at is don’t be scared here. They are only trying to NAIL you first and get you to mess up your Discovery so that they can file a Default Judgment against you. Do you think that when you send them Discovery that they are going to answer on time? Do you think they will even bother to answer at all? This is a joke to them each and every angle is for them to get you to screw up and Default.

For More Information on Answering a Junk Debt Buyers Request to Admit Facts CLICK HERE

Interrogatories are basically a set of questions that the JDB will ask you to get you to mess up and basically admit to the debt so that they can file a Default Judgment.

They will ask you questions about your Bank Account, your job and other personal information that really doesn’t pertain to the Lawsuit and to tell you the truth I did not answer LVNV Funding’s Rogs where I was asked the address where I work, my social security number, and my Bank Address and Bank Account Number.

My situation was that LVNV had no contract nor assignment so they haven’t proven anything to me so I am not about to answer these questions because that is a Privacy Concern and it had nothing to do with this Lawsuit.

If you are confused on how to answer Interrogatories click here for help.

I was given Rogs by a Junk Debt Buyer and answered them. It is really hard to answer a company’s discovery requests when they have failed to prove that they even own this debt.

This is all done through discovery.

So, once you file your Answer and have denied all of the counts against you…you can then start Discovery.

You would Request Documents from the Attorney during this discovery process.

If you have already sent out Discovery and the Plaintiff or Law Firm has not responded in the time allowed you need to send them a letter Certified Mail basically telling them that they have not complied with the time allowed by the court and you are in good faith requesting that they do so in a certain amount of time………..give them a Date to get discovery back to you.

IF they still do not send you back your Discovery you can file a Motion To Compel with your Court. You would also copy the Certified Mail Receipt showing the court that in good faith you asked them to comply and they failed to do so.  The courts always want the Plaintiff and Defendant to try and co-operate with one another and resolve this before one side has to file the Motion to Compel. 

However, if you are ignored after requesting such documents. It is your right to Motion the Court to help you. That is your Motion to Compel Documents where you would state to the court that on such and such date you mailed out the Request for Documents, On such and such date time lapsed, on such and such date you requested the Plaintiff comply in good faith by such and such date and they have not done so, tell the court you have proof by attaching the letter you sent them and the Certified Mail Receipt.

The court should then order the Plaintiff to Produce the Documents on such and such date.