Attorney claims Im not following civil procedure

[GodWillGiveMeJustice]

I recently responded to discovery "interrogatories" for a "motion to establish child shupport". I demurred on many answers asking for more info (like definitions to certain terms) and on some questions I simply responded "Without Dishonor and without prejudice I prefer to remain silent."

I do not have to volunteer ANY information right? Isn't it my RIGHT to remain silent? After all, if I volunteer to answer their request for information am I not submitting myself to their jursdiction?

After sending my responses my ex's attorney wrote me a letter that reads: "I am in receipt of your 'responses'. They are not, however responsive to my discovery requests. Please be advised that if I do not receive responses that comply with the Arkansas Rules of Civil Proceedure within the next 7 days I will be frced to file a motion to propel the court."

I think he's just trying to intimidate and bully me because I will not volunteer private info. My response also requested a motion to dismiss due to lack of personal and subject matter jurisdiction.

When I called my old attorney (who wothdrew her counsel pf record) she said she couldn't figure out what the heck he was asking for. She just suggested me sending a more detailed cover letter requesting a motion to dismiss (since I didn;t include that in my cover letter).

Any advice? help?

[joseph sugarman]

The constitutional protections afforded someone who is the subject of a criminal investigation or prosecution are not applicable in a civil procedure unless the information asked for can be used as part of a chain of evidence in any subsequent criminal proceeding.

Based on what you presented, the answer to your question on volunteering information is wrong. You do not have the right to remain silent in a civil proceeding unless the information asked for and provided can be used against you later in a criminal proceeding.

The fact you have been served any discovery means you have already answered the complaint and have already given them jurisdiction.

The attorney has threatened you with a 'Motion to Compel' not a motion to propel.

If you are able you had better start reading the Arkansas Rules of Civil Procedure. If you are not able you have better get yourself an attorney. You are headed for some serious trouble and jail time the way you are going.

[GodWillGiveMeJustice]

I thought "compel" was the proper word, but the attorney used the word "propel". I was like, what the heck?

Technically, since this is in regards to establish child support it could eventually lead to criminal if I did not pay. Here's the thing, the judge did NOT order child support to be paid becasue no income was established. The court forced me to close my business.

I got remarried and am not currently employed- I got remarried and my new husband and I are going to start a family this year. So I am not working. I am going to be a stay at home mother, always wanted to be but my ex-husband forced me to work while he stayed home. (economic abuse, one reason I left him) and now he insists that I continue to support him.

If the court even orders the MINIMUM child support it will force me back into the work place. It is so wrong to force a another person into slavery for their own support. It will be such a financial burden on my husband and I that I will be unable to pay lest we are forced into the streets.

Since I filed the UCC1 and am "exempt from levy" no? I filed the UCC1 after the divorce was final so doesn't that mean they no longer have jurisdiction?

[KarenM]

According to the court rules of most states, if you refuse to answer an interrogatory in a civil action, the court will assume that either you have something to hide or the answer you give will be harmful to your case.

In either case, the court then takes the position that your answer would be the worst possible one.

You are playing with things you don't understand and are going to end up getting seriously in trouble.

Get some competent legal help and stop doing stupid things, like filing UCC financing statements, on your own without good legal advice.

[David Merrill]

Originally Posted by GodWillGiveMeJustice

I recently responded to discovery "interrogatories" for a "motion to establish child shupport". I demurred on many answers asking for more info (like definitions to certain terms) and on some questions I simply responded "Without Dishonor and without prejudice I prefer to remain silent."

I do not have to volunteer ANY information right? Isn't it my RIGHT to remain silent? After all, if I volunteer to answer their request for information am I not submitting myself to their jursdiction?

After sending my responses my ex's attorney wrote me a letter that reads: "I am in receipt of your 'responses'. They are not, however responsive to my discovery requests. Please be advised that if I do not receive responses that comply with the Arkansas Rules of Civil Proceedure within the next 7 days I will be frced to file a motion to propel the court."

I think he's just trying to intimidate and bully me because I will not volunteer private info. My response also requested a motion to dismiss due to lack of personal and subject matter jurisdiction.

When I called my old attorney (who wothdrew her counsel pf record) she said she couldn't figure out what the heck he was asking for. She just suggested me sending a more detailed cover letter requesting a motion to dismiss (since I didn;t include that in my cover letter).

Any advice? help?

This comes too late I'm sure; but it may be helpful next time. When you get a contract presentment like that, it must be Refused for Cause timely.

Otherwise, what she said.


Regards,

David Merrill.

[Shoonra]

KarenM gave you good advice.

Maybe you can't be required to answer questions, but the judge can't be required to decide in your favor.

Since custody decisions are supposed to be "in the best interests of the child", this sort of behavior may persuade the judge that giving you custody of the child may not be in the child's best interest.

[aksis]

..............................

[KarenM]

aksis, you're confusing criminal and civil cases.

presumttion of innocence only applies in criminal cases.

in civil cases, the matter is decided on the "preponderance of evidence" If someone chooses not to answer interrogatories, that is considered evidence against them.

you really should try to understand how the courts work before you give advice

[aksis]

...........................

[David Merrill]

Originally Posted by KarenM

aksis, you're confusing criminal and civil cases.

presumttion of innocence only applies in criminal cases.

in civil cases, the matter is decided on the "preponderance of evidence" If someone chooses not to answer interrogatories, that is considered evidence against them.

you really should try to understand how the courts work before you give advice

Never ask Where is the contract. The agreement will be established over the next 72 hours, depending on whether you Refuse for Cause or acquiesce.



Regards,

David Merrill.