So, you were brave enough to file a written response to a lawsuit. Congratulations, you stopped the bill collector from getting a Default Judgment. But what happens next?
Most likely you received a series of documents from the bill collector’s attorney called Interrogatories and Requests for Admissions. Both documents require written answers that must be mailed to the bill collector’s attorney within 30 days.
Failure to respond to the Requests for Admission can be lethal because if no response is made the answer is deemed to be “admitted.” The questions are usually very simple. “Please admit that you owe the Plaintiff $1,000.” Fail to respond to that and you are admitting you owe $1,000. Case over. The bill collector attorney then files a Motion for Summary Judgment and they attach a copy of the Requests for Admission that were never answered. Game over. Judgment for the Plaintiff.
Don’t be intimidated by the Request for Admission. Answer them in a written reply mailed to the bill collector attorney. Usually it is best if you can deny each question. Do not feel compelled to answer Admit or Deny. For example, if they ask you to admit that you owe $1,000 and you are unsure of the answer, just say that. Respond by saying “I am unable to Admit or Deny without reviewing additional information.” If there is another reason you cannot admit or deny the answer, explain the problem. Again, do not think that you must provide an absolute answer of yes or no.
Request for admission are basically a set up for a Motion for Summary Judgment. It is important to respond to these requests within 30 days. Don’t make the creditor’s job easy by failing to respond.
And since all is fair in love and war, feel free to send a set of questions to the other side. “Please admit or deny that I made every payment on this account.” or “Please admit that you are unable to produce a written copy of my credit card agreement.” or “Please admit or deny that no payments were made on this account within 5 years of filing the Complaint.”