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How would I go about this matter?

Asked over 3 years ago - Dallas, TX

Lawsuits

I was served a citation on 10-07-2008 filed in my home county by Allen L. Adkins. The plaintiff is listed as Citibank (South Dakota) N.A. The outstanding balance on the statement sheet attached being sought for is $6022.50. The Discovery Request states that responses are due 50 days after service to Allen L. Adkins. Section A is the Request for Admissions. Section B is the Request for Disclosures. Section C is the Interrogatories. Section D is the Request for Production. The citation commands a written answer to the petition by 11/03/2008 at or before 10AM. I’m curious to know the best way to go about this matter.

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Attorney answers (2)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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You have to respond to the discovery requests if this is a civil action filed in your home county. As these things are a real pain, it would be well worth your money to seek an attorney's help. Another course is that since you owe only 6K you might just write Mr. Adkins and suggest a payment plan.

www.kamanlaw.com

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Lu Ann Trevino

Reputation Level 17

Answered over 3 years ago. Debt / Lending Agreements Lawyer in Houston, TX.

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You can file a general denial of the claims with the court just to preserve your rights. The most important thing is your response to the Request for Production. If you fail to deny the allegations, the court will deem them admitted which means every element of Citibank's claim will be proven by your silence. This can result in an automatic judgment against you.

You should hire an attorney to handle this matter for you. It is also true that settlement is likely to be the most economical solution, but you don't want to lose your ability to bargain.

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