What to do about a debt collector and admissions/interrogatories?

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What to do about a debt collector and admissions/interrogatories?

Earlier in the year I sat in front of a judge in regards to a debt. I showed proof that the debt was placed under my mother’s bankruptcy. The judge said the attorney would have to prove that the debt became mine to proceed. Now, I just received a request for admissions and interrogatories. Is this legal? Do I have to answer these questions or admit to anything? How do I get close this case?

Asked on December 17, 2012 under Bankruptcy Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The attorney sent you the request for admissions and interrogatories to try to prove that the debt is yours in order to proceed as the judge had ruled at the earlier hearing.

You can answer the request for admissions by answering either admit or deny for each request for admissions.  You can deny each statement in the request for admissions if that is the appropriate response.

You should answer the interrogatories; however, you can cite legal objections for not answering a specific interrogatory.

You can also file a motion for summary judgment.  A motion for summary judgment means there are no triable issues of fact in the case and the opposing party cannot prevail in the case.  If the court grants your motion for summary judgment, that should end the matter.

At the law library, look in the index of Pleading and Practice for motion for summary judgment.  This will give you the general format for it.  You will also need to include a memorandum of points and authorities (legal citations of cases, statutes, etc.) in support of your motion for summary judgment.  Look for a book at the law library called Points and Authorities.  Look in the index or table of contents for points and authorities in support of a motion for summary judgment.  Use that as your memorandum of points and authorities.  File your motion for summary judgment and supporting memorandum of points and authorities with a proof of service with the court.  Serve a copy by mail on the opposing attorney.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least eighteen years of age and the attached documents were sent via first class mail unless stated otherwise to _____________ (name and address of opposing attorney) on __________ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.  When you file your motion for summary judgment with the court, the court will schedule a hearing on it.


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