Crap 1 debtor exam

[MSbklawyer]

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.

Sometimes, "one shoe does fit all". He's talking about requests for admissions, not interrogatories. And if there is any case in which "one shoe does fit all", it's requests for admissions. If you don't answer them, they're admitted. Shoe size notwithstanding.

Here is your state's rule on requests for admissions:

B Response. The matter is admitted unless, within 30 days after service of the request, 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,

So, you read that rule and then assume that I send you a request for admission asking you to admit that your debt to me is non-dischargeable. Assume further that you ignore my request for admission.

1. Have you or have you not admitted that the debt is non-dischargeable?

2. If you have admitted that it is non-dischargeable, is that admission legally effective?

3. If it is legally effective, can you retract that admission and how much will that cost you?

4. Isn't it just the better course, no matter the size of the shoe, to just answer the damn thing rather than have your discharge be held to be ineffective with respect to the subject debt?

Please do not lead this person to believe that it's ok to ignore requests for admissions. No matter the state. Depending on what the requested admission is, it could cause him to lose his discharge.

[jacko]

Here is what the cover letter states.

Dear Sir/madam:

Enclosed and served upon you by U.S. Mail, please find the Request for Admissions, Interrogatories, and Request for Production of Documents Propounded to Judgment Debtor in connection with the above captioned matter. Your response is due within 30 days from the date of service. Our office awaits your response accordingly. If you have any questions or comments, please do not hesitate to contact one of our collection representatives at 1-8XX-XXX-XXXX.

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.

Sincerely,

Debt Collector.

[MSbklawyer]

Here is what the cover letter states. . . .

Somebody help me with this, please. I've done all that I can do.

[WhatMoney]

Here is what the cover letter states.

Dear Sir/madam:

Enclosed and served upon you by U.S. Mail, please find the Request for Admissions, Interrogatories, and Request for Production of Documents Propounded to Judgment Debtor in connection with the above captioned matter. Your response is due within 30 days from the date of service. Our office awaits your response accordingly. If you have any questions or comments, please do not hesitate to contact one of our collection representatives at 1-8XX-XXX-XXXX.

This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.

Sincerely,

Debt Collector.

What does the Request for Admissions specifically ask for? Obviously you should not admit the debt is non-dischargable in BK, since it is if you include it. I hope you have closed most of your accounts. If you must report your bank accounts make sure they have little in them, and then close them the next day. The interrogatory and document production part depends on your State's rules. Let them call you into a court-ordered asset exam if your state allows this if you do not respond to the their asset fishing expedition.

Dick Cheney could not recall information 75 times when interviewed by the FBI. Why should your memory be any better than an ex VP of the United States?

[jacko]

Crap 1 has a judgment against me. They are asking were I bank plus location with account number, full name, SS, address, phone number, employer, and car make: year and license #, do I own property. Plus they want copies of bank statements.

I think this a voluntary request which is way cheaper than going through the expense of involving the courts to make a official binding request.

What does the Request for Admissions specifically ask for? Obviously you should not admit the debt is non-dischargable in BK, since it is if you include it. I hope you have closed most of your accounts. If you must report your bank accounts make sure they have little in them, and then close them the next day. The interrogatory and document production part depends on your State's rules. Let them call you into a court-ordered asset exam if your state allows this if you do not respond to the their asset fishing expedition.

Dick Cheney could not recall information 75 times when interviewed by the FBI. Why should your memory be any better than an ex VP of the United States?

[jacko]

Also, the envelope was not sealed. They forgot to lick the yummy sealant to seal the envelope with documents. I wonder if I am missing some pages..-)

[MSbklawyer]

Also, the envelope was not sealed. . .

You're pushing my buttons aren't you? I know who you are now. Ok, ok, I give. "Uncle". There. I said it.

[jacko]

It is the truth. Have the envelope to prove, which I almost recycled. Anyone at the Post office could of snooped.

You're pushing my buttons aren't you? I know who you are now. Ok, ok, I give. "Uncle". There. I said it.

[jacko]

I found this on my courts home page.

New! Disclosure Process for Creditor's Attorney (effective July 1, 2009)
Effective July 1, 2009, changes to Minnesota Statutes 491A.02s9 and 550.011 allow a creditor's attorney to demand their own disclosure. It will no longer be necessary for you to wait weeks or months for the court to order disclosure. If the debtor fails to disclose after receiving your demand, an Affidavit in Support of an Order to Show Cause can be completed and you can proceed with an Order to Show Cause. You will NOT need to have the court order disclosure. Forms to demand disclosure and the affidavit in support should be posted to http://www.mncourts.gov/default.aspx?page=513 soon.

See Section 32 and 36 for the new language at:

https://www.revisor.leg.state.mn.us/laws/?id=83&doctype=Chapter&year=2009&type=0

[jacko]

Sec. 32. Minnesota Statutes 2008, section 491A.02, subdivision 9, is amended to read:
Subd. 9. Judgment debtor disclosure. Notwithstanding any contrary provision in
rule 518 of the Conciliation Court Rules, unless the parties have otherwise agreed, if a
conciliation court judgment or a judgment of district court on removal from conciliation
court has been docketed in district court, the judgment creditor's attorney as an officer of
the court may or the district court in the county in which the judgment originated shall,
upon request of the judgment creditor, order the judgment debtor to mail to the judgment
creditor information as to the nature, amount, identity, and locations of all the debtor's
assets, liabilities, and personal earning. The information must be provided on a form
prescribed by the Supreme Court, and the information shall be sufficiently detailed to
enable the judgment creditor to obtain satisfaction of the judgment by way of execution on
nonexempt assets and earnings of the judgment debtor. The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within ten days after
service of the order may result in a citation for civil contempt of court. Cash bail posted as
a result of being cited for civil contempt of court order under this section may be ordered
payable to the creditor to satisfy the judgment, either partially or fully.

[jacko]

Sec. 36. Minnesota Statutes 2008, section 550.011, is amended to read:
550.011 JUDGMENT DEBTOR DISCLOSURE.
Unless the parties have otherwise agreed, if a judgment has been docketed in
district court for at least 30 days, and the judgment is not satisfied, the judgment creditor's
attorney as an officer of the court may or the district court in the county in which the
judgment originated shall, upon request of the judgment creditor, order the judgment
debtor to mail by certified mail to the judgment creditor information as to the nature,
amount, identity, and locations of all the debtor's assets, liabilities, and personal earnings.
The information must be provided on a form prescribed by the Supreme Court, and
the information shall be sufficiently detailed to enable the judgment creditor to obtain
satisfaction of the judgment by way of execution on nonexempt assets and earnings of the
judgment debtor. The order must contain a notice that failure to complete the form and
mail it to the judgment creditor within ten days after service of the order may result in a
citation for civil contempt of court. Cash bail posted as a result of being cited for civil
contempt of court order under this section may be ordered payable to the creditor to
satisfy the judgment, either partially or fully.

[jacko]

This note is not listed in the notice.


"The order must contain a notice
that failure to complete the form and mail it to the judgment creditor within ten days after
service of the order may result in a citation for civil contempt of court. Cash bail posted as
a result of being cited for civil contempt of court order under this section may be ordered
payable to the creditor to satisfy the judgment, either partially or fully."

[WhatMoney]

This is the court's version of the financial disclosure form. I would not give the attorney any more information than is requested on this form.

http://www.mncourts.gov/forms/public/forms/Judgment_Enforcement/Disclosure/JGM301.pdf

Too bad about the new Minn law. MN is not a very debtor friendly state.

[jacko]

I am going to respond to the questions that they have listed since its not as detailed as the MN form.

[DeadManCrawling]

Here in Florida, we have a very similar situation.

The debtor exam is sheduled for Dec 14. I am awaiting back surgery shortly prior to Dec 14. Will find out the exact date today.

The request for interrogatories came from a firm, but was filed with the court, and they have a judgment in place as of January.

Now, it is possible that a no-show would result in contempt charges, but I believe the law firm would have to go back to court and schedule a hearing, then get a judge to compel an appearance. If we did not show up for THAT hearing, we would likely receive a contempt charge.

We are planning to file before Dec 14, just to avoid the potential aggravation and further legal mess that could occur.

This is ALSO for Capital 1, btw. They seem to be the most serious, among our creditors, about pursuing things to the bitter end.

So, we are taking a different, and, I believe, more conservative (safer) route. You may not be able to for various reasons, but I wanted to give our perspective and let you know this happens to others too. Capital One is a bear of a creditor, among the worst.