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Debt Buyer Sends Falsely Leading Statements on Requests for Admissions

East Brunswick, NJ |

Today I received a request for admissions from a debt buyer.
3 of the admissions that they requested imply that there are 3 credit card statements attached to them for me to inspect. The questions are posed as follows:
"The attached credit card statement reflecting the activity period MM/DD/YY to MM/DD/YY is a true and accurate copy of a statement sent to you."
Admitting or denying this is impossible, because they NEVER attached any credit card statements for me to inspect!
Furthermore, the interrogatories sent to me did not have a certificate of service with it. It came regular mail (not certified).
How should I answer or object to this interrogatory?

Attorney Answers 3

  1. You should say that you do not have sufficient knowledge to form a belief because there is no statement attached.

  2. I agree with my colleague regarding the Request for Admissions. Understand that a party can request admissions regarding any issue in controversy in a case. You are obligated to admit or deny the various statements; however, if you can indicate that you are unable to either admit nor deny a particular request if you indicate why you are unable to do so.
    As to the interrogatories, while service of the interrogatories might technically be defective, since it is such an easy fix, it is generally not worth the aggravation of objecting to them and making the other party re-serve them correctly.

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  3. A request for admission is deemed admitted unless, within 30 days after receiving them, you send either (1) a denial or (2) you give some explanation as to why, after a reasonable investigation of materials readily available to you, you are unable to admit or deny. If appropriate, you can object. If you object, the other side can file a motion to determine whether your objection(s) are valid and, if your objections are overruled, you would have to respond.
    As for the interrogatories, I agree that, if you received them, you should respond.