Do I respond to emails from defendant?

[JoeFixes]

Jurisdiction

Connecticut

I have already initiated a small claims suit. The notice of suit has been delivered by a marshall and the suit has been filed with the state. The defendant continues to try and engage with me via email. Asking questions and looking for me to respond. Is it proper to respond to those emails? Or ignore them and let the system do its thing?

 

[adjusterjack]

Is it proper to respond to those emails? Or ignore them and let the system do its thing?

There's nothing in the CT rules of small claims court that allows for discovery. I trust you have looked up the rules before filing.

Depends entirely on what the emails are about.

So, what are the emails about?

I doubt that you have any obligation to respond to them unless, of course, a response would somehow be to your advantage.

 

[JoeFixes]

The emails are asking for my assistance to place the blame on a third party. And also for clarification of the fees I am requesting reimbursement of in the suit. i don't see any advantage to me responding to them. The defendant is claiming I am pursuing the wrong party.

 

[army judge]

Asking questions and looking for me to respond. Is it proper to respond to those emails? Or ignore them and let the system do its thing?

Does the Fifth Amendment apply outside of criminal trials?
Yes. Although the terms "witness" and "criminal case" naturally evoke visions of a criminal trial, the Supreme Court has long held that the Fifth Amendment applies outside a criminal courtroom.

It applies any time a person is forced to make a statement that could be used to incriminate him. A (non-exhaustive) list of situations where the Fifth Amendment applies outside a criminal trial includes: traffic stops, police interrogations, grand jury proceedings, arrests, civil depositions, civil trials, and testimony before the Unite States Congress.

Can I plead the Fifth in a civil trial or deposition?
Yes, you can plead the fifth in a civil trial or deposition. But, whether you should or should not do so is often an issue that requires you to waive certain risks and benefits.

If you refuse to testify in a civil matter, there can be adverse consequences for the case. For example, let's say you are in a car accident and sue for negligence. But at trial, you take the 5th because you do not want to admit to drinking, which the defendant's lawyer will definitely ask you about. The decision not to testify deprives you of the right to tell your side of the story, and if there are no other witnesses you can call, this may mean that you may not be able to win the case.

Also, if you invoke the Fifth Amendment during an earlier stage of proceedings, such as a pretrial hearing or in a discovery deposition, you will likely later be barred from testifying. And, in some cases, if you are the defendant in a civil case and you refuse to testify, the judge may instruct the jury that they can draw an "adverse inference," which means to assume that the facts would not have been favorable to you had you testified.

Understanding the Fifth Amendment Right to Remain Silent
....

 

[Tax Counsel]

The emails are asking for my assistance to place the blame on a third party. And also for clarification of the fees I am requesting reimbursement of in the suit. i don't see any advantage to me responding to them. The defendant is claiming I am pursuing the wrong party.

Then you certainly don't want to aid the defendant in this. It would weaken your case. Since I know nothing about the case I can't say if you've sued the right person or if you should have included the third party in the complaint.

I would say that in general the only e-mails you want to respond to are those in which he makes settlement offers. The less you say about the actual facts of the case, the better.

 

[adjusterjack]

The emails are asking for my assistance to place the blame on a third party. And also for clarification of the fees I am requesting reimbursement of in the suit. i don't see any advantage to me responding to them. The defendant is claiming I am pursuing the wrong party.

He can raise those defenses in court.

Did he raise those defenses when he filed his answer?

 

[zddoodah]

I have already initiated a small claims suit.

What's the nature of the suit, and how much $$ is at stake?

Is it proper to respond to those emails?

It's neither proper nor improper.

Or ignore them and let the system do its thing?

Up to you.

i don't see any advantage to me responding to them.

Well...no one here is in any position to form an opinion about this.

The defendant is claiming I am pursuing the wrong party.

How so?