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I am being sued by a collection agency for a debt

Date: Wed, 04/06/2011 - 15:45

Submitted by jeffandstacycook
on Wed, 04/06/2011 - 15:45

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Total Replies: 2


I am being sued by a collection agency for a debt form 6/2006. My lawyer I hired does not specialize in these types of cases but said "we are filing an answer denying all of their allegations.
They will probably send interros and requests for admissions which we will object to on the basis of your fifth amendment rights."
Can you explain to me what that means and if its a common way of dealing with this sort of situation.
Thank You!


The Fifth Amendment refers to the constitutional rights of the US citizens to defend themselves from allegations. The consumers can disagree to make any statements that may prove that they have committed a crime. In the summons, a lot of compalints are made against you by the collection agencies. Your lawyer will defend all the allegations made against you with suitable proof. You'll have appear in the court hearing though. Otherwise, the judgment can go against you. Check out the following page to know more about this issue:

http://www.debtconsolidationcare.com/forums/about10629.html


lrhall41

Submitted by Good Nelly on Wed, 04/06/2011 - 21:23

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The 5th amendment right against self-incrimination applies to criminal proceedings, not civil proceedings. To invoke the 5th amendment in answer to an interrogatory in a civil action will compel the judge, probably in-chambers, for an explanation of the potential criminal liability of your statements.


lrhall41

Submitted by Lian on Thu, 04/07/2011 - 03:54

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