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Have question on discovery

Date: Wed, 12/16/2009 - 07:21

Submitted by seuq
on Wed, 12/16/2009 - 07:21

Posts: 15 Credits: [Donate]

Total Replies: 3


I am being sued by American Express for 31000.00, I have the summons, and sent an answer, now theyhave sent back discovery. I need to answer this,but the questions seem to want me to admit, I owe this,which I do, but how do I answer without admiting to everything, and they are even wanting my social security number and other information. They also sent me a floppy disc which has information on it, but I do not have a computer that has that on it. Do I ask them to email me the file. Also if I would answer all the questions, can they get a judgement on me? Just a few questions, Thanks for all your information


You need to answer their discovery. You especially need to answer their admissions, because if you don't, they will be deemed admitted. You can deny their requests for admissions. You can object to questions that ask personal info, such as your SS#. You can ask them to email you the file. Check your state's rules of civil procedure for more details on the discovery process.

And, you can ask them discovery, too, and you should do so.


lrhall41

Submitted by on Thu, 12/17/2009 - 15:35

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The purpose for discovery/answers is to determine any questions of fact. If they can reduce the matters of fact to your own admission, then they can motion for summary judgment without the case having to go to trial. (Or in the alternative, based on your discovery and their answers, you can motion for summary judgment in your favor). If the questions of facts have not been answered in discovery, then the remaining questions proceed to trial.

So basically, to answer your question, if you answer their questions to the effect that you admit the debt then they may be able to get a judgment against you.

As to your other questions, sounds like guest above pretty much hit it on the head. I'm pretty sure that you have to answer all the questions. But I think you can be purposely vague. IE one common answer I've seen is: "Defendant lacks knowledge or information sufficient to form a belief as to the question in paragraph XX." Although one thing you cannot do is lie. Also I'm not a lawyer, and I don't possess the legalese/verbage necessary to answer all the questions without actually admitting anything or lying.

Over $31K, it might be best for you to get an attorney to help you.


lrhall41

Submitted by DebtCruncher on Thu, 12/17/2009 - 17:42

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Thanks for you information, It will help as I try to move forward


lrhall41

Submitted by seuq on Fri, 12/18/2009 - 09:32

( Posts: 15 | Credits: )