Did the CA sue me incorrectly/backwards????

[Judeebubzee]

Hello everyone,

This is my first post here after lurking for some time. To make a long story short, I was sued last year for credit card debt. I didn't go to the pre-trial conference because I was planning on filing bankruptcy shortly after the court date. I was able to hold off and still have not filed. When I was sued, I received a court date summons and that's it. A year has gone by and even though a judgement was put into place, no garnishment of my account ever happened. I received today however (by first class/uncertified mail) a "Plaintiff's First Set of Interrogatories", "First Requests for Admissions" and "First Request for Production." Nothing is stamped/signed by the court, it's not showing up in court records online, it was mailed from the CA agency as well-not the court. I am just wondering if this is something that I am LEGALLY obligated to fill out. I also don't know why this was sent a year AFTER a judgement was placed. Isn't this something I should have received BEFORE the pre-trial conference (that I never went to)? I am just wondering if they are trying to dupe me into giving up my banking info without them having to put in any additional effort. It mentions no court date or anything like my summons did and mentions no consequences of ignoring it. It just says to answer everything within 30 days and send it back to the CA office. Sorry for the long post but I know how great this forum is and figured someone might be able to help me. Thank you!

[Charlie777]

You have a default judgement against you. These requests probably represent discovery of the assets available for seizure to satisfy the judgement and are a first step to getting a writ of execution to take assets or garnish wages.

I don't know what the legal ramifications of not answering are, they can probably either proceed to garnish or go back to court for an order to compel, or to have you ordered to appear to be questioned in court. (By the way, it's been cases of failure to appear to be questioned post judgement that have led to stories about debtors being jailed for contempt).

You are going to need to file BK, or settle the judgement because they are preparing to act to collect on the judgement. They hold almost all the cards now, the only possible card left to you would be if you are "judgement proof". You need to understand your state (California?) exemptions and limitations on garnishments and seizures. If your assets and income are exempt from execution for the judgement answering these request would be the way to prove it.

[Judeebubzee]

Thanks for responding Charlie. I would obviously comply with a court order to give them any information required but I am just wondering if I can get in trouble for ignoring a NON court-ordered request for my personal information. I KNOW 100% that I will be filing BK, but I'd like to cost the CA as much pain, time and money as possible before filing. I'm guessing it takes alot of $$$ to get a court order for this. I'm just wondering though if that would make my 341 more difficult or if I would be given a hard time by the trustee for having ignored them (the CA) to the point where the courts had to get involved. Oh, and I am unemployed and totally asset less. Why the CA thinks they can get ANYTHING from me is beyond me.

[LadyInTheRed]

Why the CA thinks they can get ANYTHING from me is beyond me.

They don't know whether you have anything they can get. The point of the documents is to find out. You are required to respond, at least to the interrogatories and request for production.

Interrogatories and requests for document production can be served by the creditor and do not need to be issued or stamped by the court. See Ca Civ Pro §§ 708.010(a), 708.020(a) and 708.030(a) at http://www.leginfo.ca.gov/cgi-bin/di...08.010-708.030. Those code sections reference other code sections which you can find at http://www.leginfo.ca.gov/cgi-bin/ca...ebody=&hits=20 If you don't respond, the creditor can file a motion with the court to issue sanctions against you (e.g., fine you). See http://www.leginfo.ca.gov/cgi-bin/di...3.010-2023.040

The request for admissions seems odd. I may have missed something, but I don't see anything authorizing the use of a request for admissions for the collection of a judgment. Are you certain a judgment was already entered against you? What are they requesting you admit?

The creditor doesn't have a right to answers to absolutely anything. If any questions they ask or documents they request seem not necessary to collect on a debt, consult with an attorney.

[df04527]

Are you SURE it's real? These collections companies are VERY slick and get slicker by the minute. I would be VERY leary of it if I were you. just saying...

[Judeebubzee]

Hi everyone,
Sorry it took me so long to respond. I didn't see that anyone responded. Yes, this is for sure real. Do any of you know if filing BK AFTER receiving a Motion To Compel would stop that? I've decided to NOT send them anything (why am I going to make this easy for them) and will wait for a court order. I just want to make sure filing BK will make it to where I DON'T have to go to court/give them my banking info etc. I also need to make sure any added fees they want to charge me are also dischargeable in BK. Does anyone have know if this is possible? Thanks so much.

[keepmine]

Stop taking this personally and go ahead and file.
Yes, a bk filing will halt all collection activity.
The problem with waiting on a summons is, that summons will likely be in the form of an arrest warrant for contempt of court.
You need to get all this behind you and then focus on improving your lot in life. You don't want to be jobless and have no assets forever.

[mwr]

You need to consult with and retain a qualified bankruptcy attorney in your local area ASAP. Filing bankruptcy stops all creditor actions including lawsuits and collections. Don't wait until it's too late. Stop overthinking this and just do it.

[LadyInTheRed]

I also need to make sure any added fees they want to charge me are also dischargeable in BK. Does anyone have know if this is possible? Thanks so much.

I don't know if sanctions for failure to answer discovery are dischargeable. Check with a BK attorney.

mwr is right. Why not just file? The creditor is obviously serious about collecting the judgment or they wouldn't have bothered preparing the discovery documents. What do you hope to gain by ignoring their collection efforts? You are legally required to respond to what you received. If you don't, the next thing you will get may be an order to respond. If you don't respond then, a warrant for your arrest is a possibility.

[Judeebubzee]

I am trying to hold off due to a lack of health insurance. I am afraid if I file bankruptcy and then end up in the hospital from an illness/accident, I will be left with a lot of debt and no bankruptcy protection. I know it is a "what if/could happen" scenario, but I am trying to find an insurance company to insure me for catastrophic insurance and then file. I have so many pre-existing conditions that I am having a hard time finding anyone to insure me for even bare bones coverage that doesn't exceed 1000.00 per month. If I had coverage, I would have filed awhile ago. That's the only thing holding me back.

[mwr]

You added another important issue to the equation. Anticipated large medical costs in the future are often a deterrent to filing bankruptcy for just the reason you stated. You have a balancing act to do between those medical costs and liens on your property from court judgments against you. Just don't let other less-important considerations get in the way of determining when to file. I still urge you to consult with a qualified bankruptcy in your area ASAP to help sort out your best options and just what state the lawsuits against you are in and how long you can delay filing without "waiting too long" regarding those suits and judgments.

I am trying to hold off due to a lack of health insurance. I am afraid if I file bankruptcy and then end up in the hospital from an illness/accident, I will be left with a lot of debt and no bankruptcy protection. I know it is a "what if/could happen" scenario, but I am trying to find an insurance company to insure me for catastrophic insurance and then file. I have so many pre-existing conditions that I am having a hard time finding anyone to insure me for even bare bones coverage that doesn't exceed 1000.00 per month. If I had coverage, I would have filed awhile ago. That's the only thing holding me back.

[Judeebubzee]

Thank you MWR. I do have a judgment against me but no lien (I think). I have no property/assets so I don't know what they can take aside from garnishing my checking account-that has about $5.00 in it. I am also unemployed so I don't even know if they can take any $$ from there actually. I have scheduled a meeting with a lawyer for this Friday. Hopefully they can help me figure out what to do. Still nervous/sick to my stomach/anxious etc. This really sucks but I know I'm not the only one going through this. Thank you for taking the time to help me.

[chicagoannie]

Thank you MWR. I do have a judgment against me but no lien (I think). I have no property/assets so I don't know what they can take aside from garnishing my checking account-that has about $5.00 in it. I am also unemployed so I don't even know if they can take any $$ from there actually. I have scheduled a meeting with a lawyer for this Friday. Hopefully they can help me figure out what to do. Still nervous/sick to my stomach/anxious etc. This really sucks but I know I'm not the only one going through this. Thank you for taking the time to help me.

Keep us updated and hang in there. I also held off filing due to being collection-proof. Prepare a list of questions for the attorney and see what they have to say.