View Full Version : How to answer questions to admission of facts summons when there is no proof by agent
jjohnson068
Nov 8, 2010, 01:03 PM
excon
Nov 8, 2010, 03:23 PM
Hello j:
You must provide the answers irrespective of what proof anybody has. If you lie, you can be charged with perjury.
excon
jjohnson068
Nov 10, 2010, 08:52 AM
After I answer the citations what do I do next to dispute the claim. What to I file with my answer to the creditor and court so that the creditor can product evidence such as a original contact etc.
excon
Nov 10, 2010, 09:22 AM
Hello again, j:
I can't help you fight the case. The rules for each court differ anyway. I can only offer help ABOUT your fight.
The first is, if you owe the money, you can't win. They have lawyers, and you don't know the first thing about what to do. The second is, if all you're doing is delaying the inevitable, you're also building up the bill you'll eventually have to pay. I mean, after you lose, the attorney will ask the judge to include their legal expenses, and the judge WILL. Those expenses, plus interest, and other court costs, could easily DOUBLE the amount you owe now.
If you're only at the beginning of the lawsuit, this is an excellent time to settle it. If you do it right, you could easily CUT the amount you owe in HALF. Doing it right means having the cash in your hand and getting on the telephone.
excon
jjohnson068
Nov 10, 2010, 10:30 AM
The Attorney for the Creditor is already suing for fees listed and refused to take any settle offers made before their suit. I can't afford an attorney so what are my options. I have 15 days to response to the admission of facts suit in the court. If I don't answer it then, they win. If I do answer it I want to make sure that They have strict proof before a judgement is placed against me. Any advice you give will be appreciated.
THanks
excon
Nov 10, 2010, 10:41 AM
Hello again, j:
I don't know how to tell you to write your responses. If you write them in ordinary English and ask the judge to consider them to be motions and/or your answer, the judge SHOULD do it. Or, he might not.
Yes, I know what they're SAYING now... Maybe you talked to them ABOUT an offer, rather than calling them up WITH CASH IN HAND, and talking turkey.. NO lawyer is going to refuse to speak to you about a settlement...
On the other hand, you're taking a risk that they don't have the original contract... Debts are sold between collection agencies, and then resold again.. So, it's certainly POSSIBLE they don't have your contract...
I don't know which way to tell you to go...
excon