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    #1

    Plaintiffs Request for Admissions

    Today I received a Plaintiffs Request for Permissions from the Lawyer representing the bank in my FC case.

    I wasn't expecting this and not really sure what to do with it. From what I read, I have 30 days to answer it. It was delivered via USPS regular mail. How do I answer this? I know I answer Admit/Deny/No knowledge, etc but does this get filed with the court? Or just sent back to the attorney CMRRR? I have read that my answers need to be notarized as well? And that if I ignore this, the court and compel me to answer with sanctions if I refuse?

    The questions being asked seem strange because they should already have this information and if they had concrete records of this info, why would they need me to admit to it? They have attached a copy of the note which is legit, no real arguing there, but not sure of their reasoning in doing so.

    Is this common in the course of a case? I will be answering this Pro Se to further stall the case.

    Thanks
    Tags: None
    #2
    Cory clear something up with us. Have you filed bk? Are you being sued now? Is this suit an AP? Not one could answer this question with as little info as you have supplied. Please fill in more blanks. 'Hub

    EDIT: What is an FC case?

    RE EDIT: Foreclosure, got it.
    Last edited by AngelinaCatHub; 01-05-2012, 07:23 AM.
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    Comment

      #3
      If it has no docket number on it, or if it is not a summons, ignore it. Too many people hang themselves with their mouths. Say nothing that you would regret. Admit nothing. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment

        #4
        Originally posted by AngelinaCatHub View Post
        If it has no docket number on it, or if it is not a summons, ignore it. Too many people hang themselves with their mouths. Say nothing that you would regret. Admit nothing. 'Hub
        Sorry for being vague. Yes I have filed BK and case is closed, house included. Originally hired lawyer to fight it to give us time, gave us A LOT of time then decided not to move ahead with the lawyer after filing answers to complaint. Case been sitting ever since. Now they are moving ahead with it. It has a case number on it and looks legit but was not served. I am not sure if it needs to be served. Usually takes a few days for the online case docket to update so not sure if this has been submitted to the court or not.

        I understand all of this is a game and I am not looking to keep the house, however I am also not going to "give it" to them. I will play the game and make them work for it.

        Not sure what you mean by "Is this suit and AP?" What is AP?

        Comment

          #5
          Just updated on the county docket, so it is legit.

          Comment

            #6
            This is a Discovery request. It's part of a lawsuit, and yes, they can get a contempt order from the court if you don't reply.

            However, I'm suspicious of their timing and their motives. How long ago was the suit filed and you answered? There are often deadlines for filing discovery requests. If they waited too long, they can still ask but have no right to use the court to make you answer.

            More importantly, I'm suspicious that they're trying to get you to reaffirm a debt that's already been discharged. Yes, I'm paranoid, but sometimes they are just that sneaky.

            Send it to that lawyer you originally used and get an opinion! I'd love to know his or her thoughts.
            Filed non-consumer no asset Chapter 7 on 7-12-10 after 4 foreclosures, 7 lawsuits including 2 deficiencies, 2 wage garnishments, a bank garnishment and a partridge in a pear tree. 341 held on 8-11-10. Discharge 11-4-10.

            Comment

              #7
              Originally posted by SweetGeorgia View Post
              This is a Discovery request. It's part of a lawsuit, and yes, they can get a contempt order from the court if you don't reply.

              However, I'm suspicious of their timing and their motives. How long ago was the suit filed and you answered? There are often deadlines for filing discovery requests. If they waited too long, they can still ask but have no right to use the court to make you answer.

              More importantly, I'm suspicious that they're trying to get you to reaffirm a debt that's already been discharged. Yes, I'm paranoid, but sometimes they are just that sneaky.

              Send it to that lawyer you originally used and get an opinion! I'd love to know his or her thoughts.
              I filed the answers to the original LP in Oct 2010. Yes that long ago. Have to look up that deadline info. Good points! Reaffirming the debt. Didnt think of it that way. Since this has been discharged, does that mean any question that wants to be admit to owing a certain amount I can deny based on discharged in BK?

              Now I am thinking, since they are in fact stating that I admit to owing a certain amount, does that mean they violated my BK rights by attempting to collect on a discharged debt? I know thats probably stretching it but never hurts to try.

              Comment

                #8
                Originally posted by cory1848 View Post
                I filed the answers to the original LP in Oct 2010. Yes that long ago. Have to look up that deadline info. Good points! Reaffirming the debt. Didnt think of it that way. Since this has been discharged, does that mean any question that wants to be admit to owing a certain amount I can deny based on discharged in BK?
                Yes, because you can say it was discharged in bankruptcy. However, I disagree that this is an attempt at reaffirming the debt. Maybe it was the choice of words that was used in the interrogatory but it's not an attempt at a Reaffirmation of a debt in bankruptcy. The debt was discharged.

                Originally posted by cory1848 View Post
                Now I am thinking, since they are in fact stating that I admit to owing a certain amount, does that mean they violated my BK rights by attempting to collect on a discharged debt? I know thats probably stretching it but never hurts to try.
                No! They are pursuing their in rem (property) rights against the collateral. So long as they are not asking you to PAY the amount. In a foreclosure action, the creditor (plaintiff) needs to prove several things. That they are the owner and holder of the promissory note is the major thing. The next thing they must prove is that a default did occur. They can't do that unless you "owe" them money! They are not suing you in order to collect on the debt. They are entitled, even under the Bankruptcy code, to pursue their in rem rights to foreclose upon the collateral.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment

                  #9
                  Good to know. Thanks. I will have some more questions once I read through it again and start to draft up responses. On a timeline sense, I have 30 days to respond to this, what happens after I respond? What would the next step be? Hearing? I would have though the next step would be a MSJ hearing. If there is a hearing, what happens if I don't go?

                  Comment

                    #10
                    Ok, so my wife and I each got the same paperwork for the Request for Admissions. Hers came 2 days after mine did. Do we both have to answer each one? Or can I just answer one and be done with it?

                    Comment

                      #11
                      If you only answer one, they'll "default" the other. Whether that's right or not, I don't know.
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog

                      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                      Comment

                        #12
                        Originally posted by justbroke View Post
                        If you only answer one, they'll "default" the other.
                        Thats really what I expected and when I had my lawyer, he only fought based on just me, not my wife being a part of it. I just don't want there to be any trouble with the court for not responding to hers. Might just set up my reply for mine and just duplicate it for hers.

                        Comment

                          #13
                          Originally posted by cory1848 View Post
                          Thats really what I expected and when I had my lawyer, he only fought based on just me, not my wife being a part of it. I just don't want there to be any trouble with the court for not responding to hers. Might just set up my reply for mine and just duplicate it for hers.
                          If she's not participating in the suit, is not a joint tenant under a tenancy by the entireties, or otherwise isn't liable for the debt... it may be okay to allow a default for her. However, I'd check to make sure that this will work out as expected.

                          In Florida, and most States, when a foreclosure lawsuit is instantiated, the spouse (known or unknown) is automatically a party to the suit. This is just procedure. Perhaps, it's unnecessary in your case if your spouse has no claim to the property and is not listed on the mortgage, note and/or title.
                          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                          Status: (Auto) Discharged and Closed! 5/10
                          Visit My BKForum Blog: justbroke's Blog

                          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                          Comment

                            #14
                            Originally posted by justbroke View Post
                            If she's not participating in the suit, is not a joint tenant under a tenancy by the entireties, or otherwise isn't liable for the debt... it may be okay to allow a default for her. However, I'd check to make sure that this will work out as expected.

                            In Florida, and most States, when a foreclosure lawsuit is instantiated, the spouse (known or unknown) is automatically a party to the suit. This is just procedure. Perhaps, it's unnecessary in your case if your spouse has no claim to the property and is not listed on the mortgage, note and/or title.
                            She is listed on Mortgage and Note so she is a party to it. Lawyer told me in the beginning that since the bank would have to default on both of us, no sense in adding her to the defense cause it just doubles the work, and of course doubles the fee.

                            Think I will just send it both replies.

                            Once I do respond, I assume there would be a hearing set? If there is, I don't really plan on attending that and in not attending, I expect the bank will motion for summary judgement at that time. I will let things play out from there.

                            Comment

                              #15
                              Cory, as JB did such a fine job, I can only answer your question as to what an AP is. Adversary Procedure is a law suit within the bankruptcy not necessarily about the bk but requests rights to sue as to only their debt, (or future debt) in the event they wish to sue for relief in spite of your bk attempt. It puts your creditor outside of your bk in the event they win. If they lose, it is possible to sue back for your expenses. It is as nasty as any suit. 'Hub
                              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                              Comment

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