Crap 1 debtor exam

[jacko]

Got a packet letter from their local law firm requesting(that is the word they used) financial information such as were I bank, employment, own a home, car etc.. The letter is notarized. They cited Pursuant to rules 36 and 69 of my states Rules of Civil Procedure for the District Courts.

I have 30 days to respond to the forms and need to have notarized.

Certainly glad that I closed my previous checking account and are fishing.

Calling their bluff and have the court order me to do so.

[MSbklawyer]

Got a packet letter from their local law firm requesting(that is the word they used) financial information such as were I bank, employment, own a home, car etc.. The letter is notarized. They cited Pursuant to rules 36 and 69 of my states Rules of Civil Procedure for the District Courts.

I have 30 days to respond to the forms and need to have notarized.

Certainly glad that I closed my previous checking account and are fishing.

Calling their bluff and have the court order me to do so.

Have you filed bankruptcy yet? Rule 36 pertains to requests for admission. Rule 69 governs execution of judgments. What you're undergoing is a judgment debtor exam.

Was it accompanied by a subpoena?

Be careful on calling their bluff. I don't know your local rules, but failure to provide the documents requested without a protective order may amount to contempt in your neck of the woods. You could find yourself in jail or with a non-dischargeable sanction.

[jacko]

Subpoena from the court? Looks like its a request from the law firm, not the court. They use the word 'request'. No sanctions listed if I don't respond. The cover letter's last paragraph states " This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose." Plus they sent it through standard USPS mail to my mail box. Not registered mail.

Have you filed bankruptcy yet? Rule 36 pertains to requests for admission. Rule 69 governs execution of judgments. What you're undergoing is a judgment debtor exam.

Was it accompanied by a subpoena?

Be careful on calling their bluff. I don't know your local rules, but failure to provide the documents requested without a protective order may amount to contempt in your neck of the woods. You could find yourself in jail or with a non-dischargeable sanction.

[MSbklawyer]

Subpoena from the court? Looks like its a request from the law firm, not the court. They use the word 'request'. No sanctions listed if I don't respond. The cover letter's last paragraph states " This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose." Plus they sent it through standard USPS mail to my mail box. Not registered mail.

Do they have a judgment against you? Is a suit pending?

[MSbklawyer]

You've got to be extremely careful with the requests for admissions.

If you don't answer them timely, the matter is admitted.

For instance, they could serve you with a request for admission that says:

"Please admit that you owe us $65,000."

"Please admit that the aforementioned debt was incurred as the result of false pretenses and actual fraud within the meaning of 11 USC 523(a)(2)."

If you don't bother to deny that; if you call their bluff by just not answering, you've admitted that you owe 65K and that it is non-dischargeable. You'll have a hell of a time getting a court to allow you to retract that admission.

[jacko]

They have a judgment against me.

Do they have a judgment against you? Is a suit pending?

[MSbklawyer]

They have a judgment against me.

Then don't, under any circumstances, let those requests for admission go unanswered. God only knows what they'll have you admitting to.

[jacko]

So, I should answer their questions? Currently collection proof and in foreclosure.

Then don't, under any circumstances, let those requests for admission go unanswered. God only knows what they'll have you admitting to.

[AngelinaCat]

Yes you should. Keep the answers as brief as possible. 'Yes', 'no,' and
'I don't know' are acceptable answers. Do not let them bully you. Do you have an attorney?

[jacko]

They are asking were I bank plus location, full name, SS, address, phone number, employer, and car make: year and license #, own property. I am surprised they are not asking for brokerage info.

Sounds like this is a voluntary request. If they want it, they have to get the court to ask officially.

Yes you should. Keep the answers as brief as possible. 'Yes', 'no,' and
'I don't know' are acceptable answers. Do not let them bully you. Do you have an attorney?

[MSbklawyer]

You said they refer to Rule 36 and that they have a judgment against you. Rule 36 is a request for admission. No court is going to MAKE you respond to a request for admission. The court will just deem it admitted if you don't answer within the required time. I'm not trying to be overly dramatic, but you ignore a request for admission at your extreme peril.

[jacko]

'extreme peril'? What could happen if I don't respond? Plus the request came through standard mail instead of registered mail.

You said they refer to Rule 36 and that they have a judgment against you. Rule 36 is a request for admission. No court is going to MAKE you respond to a request for admission. The court will just deem it admitted if you don't answer within the required time. I'm not trying to be overly dramatic, but you ignore a request for admission at your extreme peril.

[DeadManCrawling]

What if they file BK in the days BEFORE the ordered exam?

That should stop the progression, right?

We have a similar scenario and plan to file just ahead of the exam.

[MSbklawyer]

'extreme peril'? What could happen if I don't respond? Plus the request came through standard mail instead of registered mail.

The request will be deemed admitted.

What are they requesting that you admit?

For example:

Them: "Admit that your debt to us is non-dischargeable".

You: "No answer".

Judge: "The debtor has admitted, pursuant to rule 36, that his debt is non-dischargeable. Mr. Jacko, I am granting you a discharge, but it will not apply to this particular debt."

I can't make it any plainer than that.

[treehugger1]

Check out your state and local rules of civil procedure! Since this is not an interrogatory ordered by your local/regional court, then I doubt you will be in "contempt." I appreciate MSBK's advice, but one shoe does not fit all! Here in Oregon, you can be requested by the plaintiff's attorney, after a judgment to fill out all kinds of financial information. If you fail to do so, you are not in contempt of court. What does happen is that the plaintiff's attorney can file a motion to compel. This means the plaintiff's attorney must go through the process of filing (and paying for) a motion that requests the court to "force" you into the courtroom. I don't know your state laws, but if it were me, and the laws required service for you to respond to an interrogatory, I would sit this out and wait to be served, If the plaitiff's attorney is that serious they will have to abide by your rules of civil procedure.

Now, if you are served a summons, after failing to acknowledge the plaintiff's attorney, and you fail to reply to the court order, you MIGHT be found to be in contempt. No big deal. If you receive a summons from the court/judge, that is when you would need to supply an answer or appearance in court. In addition, you can force the adversarial party (plaintiff's attorney) to be in the courtroom before the judge. In the end, if you have no assets, the plaintiff's attorney has just wasted a great deal of their time, and potentially additional costs against the plaintiff.

Again, this is just according to my state (Oregon) laws from what I can glean.

Many states do allow due process involving interrogatories to be served directly from plaintiff to defendant. This does not appear to suggest that failure ot reply breaks any laws. It might force the plaintiff's attorney to file an actual motion with the court to force you to reply. At this time, you have no choice.

On the other hand, I have done a great deal of research in my lcoal courts related to folks who just said, F^^K IT." It does not appear that the local courts or the sheriff's office acts on such contempt. However, should one be pulled over for a speeding violation, etc there is the chance that you could be arrested. Unlikely in my state, since the state cannot possibly afford the costs to incarerate the smallest of misdemeanor charges.

It sounds as if you have already done some research in your area. I would go with that.

This is not legal advice, but it is the statement of one who is experiencing such acts. Your mileage may vary.