Negative avertments

[Eddie Mahaulu]

I received a "PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT" from a law firm concerning alleged credit card debt. Any examples of how to respond in a negative avertment fashion?

[charlesa6]

Eddie Mahaulu, welcome to the suijuris forum.

[theghost]

Originally Posted by Eddie Mahaulu

I received a "PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANT" from a law firm concerning alleged credit card debt. Any examples of how to respond in a negative avertment fashion?

Eddie, answering such a presentment is TESTIFYING AGAINST YOURSELF! Are you sure you want to that? Need more details. Just because THEY sent you something, doesn't mean you have to ANSWER then in the form they request.

[joseph sugarman]

Eddie,

You must provide us with the background information. Have you been served with a civil complaint/petition? Does this law firm represent the original creditor or themselves? Did you answer the civil complaint/petition? What do the civil rules of procedure for your local court state about the time from original civil complaint/petition the plaintiff must wait until they can start discovery? Is the orginal creditor native in the same state as you? If not, is it properly domiciled in your state by registering as a foreign corporation in your state? Did you discover whether or not your state allows and unregistered corporation to maintain a lawsuit in your state? Have you done any legal research in this matter? Joseph Sugarman, design@dream-home.com

[Shoonra]

I would assume that this set of interrogatories is submitted in a fashion similar to those of the Federal Rules of Civil Procedure, such as are adopted in most state courts, in which case a lawsuit must have already been commenced.

You (as defendant) may similarly address interrogatories to the plaintiff.

The general advice is provide short answers, Yes, or No, or whatever information is specified, and avoid telling anything more than is necessary to answer the question as it is put to you.

[charlesa6]

Good advice, shoonra.