Notice to Admit

[sfrank]

Thank you all again for your help in advance.
After Answering the complaint by neither denying or admiting, I received these 2 things in the mail...Notice to Admit and 1st set of Interrogatories.
I am being sued by a debt collector/attorney, but the suit is from the bank(plantiff) against me.
How should I answer this?
Thansk again

 

[diy4law]

Depending on your financial situation with other debts, you might want to consider filing chapter 7 to get rid of this and all other unsecured debts that might be a problem in the future. If you have a way of paying it back to contact the attorney to negotiate a settlement before they sue you and get a judgment against you attaching any property you might own, including garnishment of wages. It's best to be proactive in any financial situation and find out what their intentions are so you could make the right decisions.

 

[sfrank]

I figured I would continue to answer the notices and deny all and let the burden of proof lie on them. If I lose and the judgement is against me personally, can they go after my company since I am one of the owners or only my personal bank accounts, ira, etc.
also, is it to late to file a motion for discovery for them to produce the documents and can I file a Motion pursuant to New York CPLR 3103 to strike the Plaintiff's (CC Company) notice to admit on the grounds that the requests for admission were improper under CPLR 3123.
Sorry for all the questions.
Thanks again

 

[army judge]

Deny, deny, deny...
Deny any and all allegations as baseless and unfounded.
Yes, you can file a motion for them to produce documents.
They won't comply, because they can't.
This is the debt collector scam.
They aren't the people that granted the credit.
They are the con artists that bought the receiveable after the bank had written off the debt.
If the debt was for $1,000, these scammers bought the paper for around $50.
So, anything they scam from you is gravy.
Banks don't sue for small amounts.
Banks foreclose on a home worth $400,000 and turn around and sell it at auction for $5,000.
Banks tend not to sue.
They make their money in other less controversial ways.
Banks sue for amounts north of $50,000 at a minimum.
More often than not, they write those bad debts off, selling paper to these scammers!

 

[fredrikklaw]

If Sole, Think LLC or Inc.

Of course you can.

The discovery window has only just opened up and it shall remain open until 30 days before actual date of trial, so you have plenty of time to conduct your own discovery. Discovery is conducted between parties without leave of court so there is no need to file any motion. For production of records, you have to serve the opposing side with a "Subpoena Duces Tecum" and you can obtain signed, blank subpoenas from the court's civil counter and signature can be either the judge's or the clerk's.

And yes again; you have the privilege to call the department to calendar a date and time to be heard on a Motion for Protective Order (Civil Discovery), then notice it in a pleading format, and have them served. And I think it would be a good idea to save your request for production of documents until after this hearing and I am sure you know the reason why, so I won't get into it.

And in the event the plaintiff prevails and obtains a judgment, unless you have formed your business as an L.L.C. or have incorporated it, then all your assets, personal or otherwise will be up for grabs. So, If you are doing business as a sole proprietor, you may want to look into forming it into an L.L.C. or incorporating it.

fredrikklaw

 

[sfrank]

Thank you for your answers. So I will wait to ask for documents but in the next 20 days I have to answer my notice to admit and the 20 1st interrogatories. So how do I deny all of them? Is there a standard line thats used? And I dont want to send a Defendants 1st interrogatoires if theres such a thing.
Thanks again for you help.

 

[army judge]

Thank you for your answers. So I will wait to ask for documents but in the next 20 days I have to answer my notice to admit and the 20 1st interrogatories. So how do I deny all of them? Is there a standard line thats used? And I dont want to send a Defendants 1st interrogatoires if theres such a thing.
Thanks again for you help.

It is dependent upon your state, so check the court's website.

Now comes the defendant, Harry Green, who denies each and every allegation in plaintiff's motion.

But, check the court's website or the state bar's website for a specific example.

But, this is basic stuff.

If you screw this up, you screw up your case, and ultimately yourself.

If this lawsuit troubles you this much, you'd be well advised to hire an attorney.

What's your business worth to you?

Don't answer, it's a rhetorical question.

I know it is important to you.

Don't jeopardize it by trying to save a few dollars!!!



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[jharris352]

If your answer does not DENY the claim they are ADMITTED. You can not walk the line on them. That is why they put you to a task of answering admissions. I don't know how many days you have to answer them in NY but you have a set number of days to file your ADMISSIONS/DENIALS to the specifics or they will be deemed ADMITTED by the Court automatically. DENY everything and let them prove you wrong.

 

[sfrank]

Thank you for your answer. Is there a standard DENY line?
Example: 1. That you did apply for the Masterdcard acct #xxxxxxxxxx
2. That you did receive a credit card in your name on the acct.

Do I just attach my responses or is there a form and do I i=use the standard line: deny knowledge and information or do I just deny?

Also, what about the 1st set of interrogatories? Answer No to all or the same deny knowledge sufficient enough to answer. A few questions say If you deny explain in full detail.
Thanks so much again for your help

 

[army judge]

Thank you for your answer. Is there a standard DENY line?
Example: 1. That you did apply for the Masterdcard acct #xxxxxxxxxx
2. That you did receive a credit card in your name on the acct.

Do I just attach my responses or is there a form and do I i=use the standard line: deny knowledge and information or do I just deny?

Also, what about the 1st set of interrogatories? Answer No to all or the same deny knowledge sufficient enough to answer. A few questions say If you deny explain in full detail.
Thanks so much again for your help

I tried to tell you, hire a lawyer.

You are incapable of doing this yourself.

These cases can be beaten.

I've told you why and how.

Think of Ali Baba & The 40 Thieves, magic words had to said before the rock would move and the entryway to the hideout was opened.

There are magic words in the law, too.

If you utter them properly, all is well.

Mess them up, you lose.

Your answer will be your magic words.

Unless, you fail to utter and publish them properly!

But, if you can't do the answer, it'll be downhill from here.

For your own sake, hire a lawyer.

We can't do your case for you on this forum.

It's painfully obvious you can't either!!!



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[tloliver1]

Thank you all again for your help in advance.
After Answering the complaint by neither denying or admiting, I received these 2 things in the mail...Notice to Admit and 1st set of Interrogatories.
I am being sued by a debt collector/attorney, but the suit is from the bank(plantiff) against me.
How should I answer this?
Thansk again

I have a similiar situation. What was your first response? I'm being sued for $850 by a law firm on behalf of the finance company. I intend to pay just don't have the money right now. Anyway I can prolong this would be helpful.

-T-

 

[jharris352]

You are going to think I'm being a smart alack but I go with Army:

1. Did you open credit card # xxxxxx. Answer DENIED.
2. Did you charge this card to $xxxxx Answer DENIED.

Etc.

Then send them a production of documents demand to get copies of your SIGNED agreement and ask if the original is in their possession. If it is not then they lose.