Pattern Interrogatories

I received Pattern Interrogatories from the plaintiff after judgement. Some of the questions seem inside my legal my legal right not to have to answer and some of these questions seem irrelevant if I do answer. Everyone please help me try to understand my rights here if you can...

Do I have to answer;

6. State the name, address, account number and type of account for every financial intitution (bank, savings and loan, credit union, brokerage house) where you have an account or where you have signature authority on the account. (They are only asking for the last 4 digits of the accounts))

7. If you own or owned during the last four years, or regularly use any automobiles, motorcycles, trucks, RV's, Jet skis, boats, or trailers, list the make model, year, VIN, date of purchase, purchase price, name and address of purchaser. ( I regularly use a vehicle but it is not in my name, why or do I need to list it?)

9. If you own or owned during the last four years, or regularly use any personal property NOT DESCRIBED ABOVE, for which the purchase prices was $500 or more, describe each item by make model, date of purchase, purchase price, name of owner if only used by you. If you no longer own the item, identify date of sale, sale price, and name and address of purchaser. (Is the use of a home to live in considered personal property?)

10. State the name, address, and telephone number of your spouse, if you are married and if not, a close relative not living with you, indicating their relationship to you. (I am recently married but my spouse is in NO WAY connected to me financially in ANY WAY, why would they need his name?) [b]

11. Produce and attach to your answers, copies of the following documents for the last four years.

a. Your federal and state tax returns with all attachments. (I did not file but my husband put my income on his return, they are only asking for my return, so do I need to give them my husbands?) b. The deed to your lease for your home (Home is in my husbands name only and purchased before we were married, do not give?)
c. Your drivers license (okay?)
d. Your last pay stub from your employers (Okay?)
e. Your last bank statements (These will have my full account number, can I block that part out if I need to give?)

Help!

They are asking these questions to find out what their remedies are if you do not voluntarily pay the judgement - i.e. what they can garnish, attach, seize, or lien.

Suggestions:

8. If it's not your vehicle, they cannot lien it or seize it. So why put it down?

9. Do you own it?

10. Who knows why. Perhaps you can say that you choose not to answer this question unless evidence is produced that it is required by law to answer.

11. a. State that you did not file a separate return, and that you choose not to divulge your spouse's info unless... [see above]
11 b. State that you do not own a home, nor have any financial interest in any real property (unless you live in a community property state, in which case you already own half).
11 c. Yes.
11 d. Yes.
11 e. I do believe they want not only the amounts of deposits, but the account numbers.


But to be sure, you should either ask the court clerk what is legally required for you to answer, or consult an attorney. I am only suggesting as to how I would respond were I in the same boat.

Do you believe that this is a just verdict? And if not you should file a timely Appeal.

Thanks Chris. Colorado is not a community property state. The form for innerrogatores is the court approved one I researched it. I must answer if I can.

I dropped the ball as far as filing a timely appeal. I thought I had 30 days to file, turns out the rule is 15 days from entry of judgment. Too late.

I haven't received any notification or attempt to try to collect on the judgment from the plaintiff since after the Order and entry of. Just served interrogatories this morning. The Judgement awarded the plaintiff court costs, continuing interest and reasonable attorney fees. Wouldn't the plaintiff usually try to collect payment on the judgment first before spending more money (probably going to be out of my pocket) on process servers and more filing court costs (again my pocket) Grr. I hate that unfair feeling comming back all over again.

In that case, you can answer every question that refers to an item that is NOT in your name as "I do not own a .. car .. house .. etc." As far as the tax return, since your name is on your husband's return you may have to send that in.

Yes, of course they will hope you pay it voluntarily. Hopefully an equitable payment arrangement can be ironed out.

unless this was sent by the court then you do not have to answer them.

Slime bag lawyers on a post judgment will use every tactic to get something out of you. Object to everything and let them figure it out.

This person has double checked that the form is legitimate (and it is standard). Following your advice would ensure trouble or a speedily aggressive collections, now that they have the Law behind them. Especially since they are SUPPOSED to use "every tactic to get something out of you" when they win a judgement.

Completely unwise advice in this case.

Oh, IPourd, instead of a wordy negative response ("I do not have a ...") you can just put "N/A" on every single space that does not pertain to you. I note that the form says to "fill everything out completely".