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usersock · Sep 13, 2007, 12:52 AM

I'm located in Texas and have been served with a summons for past debt with Capital One. The lawyer, which is well known for deceptive practices, included a "Plaintiff's Request for Admissions" in the petition.

After some research I found the following information:
"If the Request for Admissions is left unanswered, would "prove" the essential elements of all these claims. Proving the elements of a claim through unopposed admissions is a good way to secure a default or a summary judgment. Bottom line, these claims don't seem to hold much legal weight. I strongly encourage anyone served by these people to consult with an attorney, to answer, and to deny the applicable admissions."

I won't be obtaining a lawyer for financial reasons. How should I answer and deny the admissions?

tickle · Sep 13, 2007, 03:39 AM

Did you receive this in the mail, or were you actually served by a bailiff of the court and signed for it ?

usersock · Sep 13, 2007, 03:43 AM

I believe I was served by a bailiff. A man came to the door and requested that I sign for "a package". The package was this stack of papers stating I have been sued. I didn't sign anything. I knew what it was before I accepted it and specifically asked "do I need to sign for this" before touching it. The guy said I did not and walked away.

EDIT: If anyone can suggest the layout needed to respond to this specific summons, or a Texas lawyer (N. Dallas area) that can assist me with this single question for a small fee, I would be incredibly grateful!

tickle · Sep 13, 2007, 03:58 AM

I just searched on Google entering 'request for admissions response' and there is a lot of information there you should take a look at, including a sample of the request for admissions response.

usersock · Sep 13, 2007, 04:08 AM

Tickle thank you for the quick responses. I had reviewed that sample earlier, but wasn't sure if that's what I needed.

Should I use "Defendant lacks sufficient knowledge or information to admit or deny.." for every response? I would like to because I have zero information at this time, no records of my own to verify the account number or anything. I'm just not sure if that would be acceptable. There are a select few that I could obviously answer to, such as "holding an account with said company". Should I admit to those and then answer with "lacks knowledge" for everything else?

mr.yet · Sep 13, 2007, 04:17 AM

File Notice of Intend to Defend with the court.

One possible answer to the Admission Letter, they are asking you to prove their claim. It is their job to do that. How can you answer with out any proof of the alleged matter, that would be consider hearsay in the court. You are innocent unitl proven guilty.

This would be my answer to them along with a discovery request to them.

"I cannot admit or deny the alleged matter without proof of a signed legal contract which has a wet ink signature upon it.

Plaintiff did not provide any positive evidence that validicates the alleged matter and to answer the Admissions would result in me committing prejury by response to a alleged matter before the court.

Therefore, I hereby give Notice of Intend to Defend and demand strick proof of the alleged matter before this court."

Make them prove the alleged matter, not you.

As it states " REQUEST FOR ADMISSIONS" that is a request not a demand.

usersock · Sep 13, 2007, 05:07 AM

I have read through the forums here but I'm still a little confused. These are the steps I believe I should take, in this order:

File Intent to Defend, both parties
File validation request, plaintiff
File Motion of Discovery, plaintiff

I know I need to send one intend to defend to each party, but I'm not sure how to word the one going to my courthouse (just a quick "i'm fighting this" as you stated in responses to other people, or should I mention that they wanted admissions and I refused)? I will use the above layout to send to the Plaintiff.

Also, should I send the validation request first, then the discovery after I get a response or do I mail them all together? I assumed doing it in steps would benefit me more.

Mr.yet you have been a huge help, in my post and many others!

mr.yet · Sep 13, 2007, 07:45 AM

Notice of Intend to Defend to court and plaintiff,

Everything else to plainitff. In this case, validication and discovery would be the same.

Answer to admission" I cannot admit or deny the alleged matter without proof of a signed legal contract which has a wet ink signature upon it.-, plaintiff fail to validicate the alleged claim."

I would no answer them now until the provide discovery and validication, make them wait, it only a request not a demand.