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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?

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Filed under: Credit
Attorney answers 3

Posted

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

Asker

Posted

Thank you so much for your input. I have t mentally hit myself in the head, as to why I didn't think of putting that down. Hahaha

Asker

Posted

One more question if you don't mind. In the claim filed against me, the debt buyer claimed to be the assignee of a bank, let's call it "Bank A". It also claims that the account originated from "Bank A". However, this claim is false. In the interrogatories served to me, the debt buyer asks if I opened the account with a different bank. Let's called that bank, "Bank B". "Bank B" is the original creditor of the account. The interrogatories in question are posed as follows: 1) is you apply for a credit card from Bank B or Bank A, at any time? 2) Did you use the credit card issued to you by Bank B? 3) When did you make your last payment on the credit card mentioned above and what balance remained after your last payment? As far as I'm aware, when I called Bank B, I asked them if they were in anyway, affiliated with or a derivative of Bank A. They gave me a clear "No". However, they do share a payment facility in ND. The representative made it clear that if I processed a payment in either Bank A or Bank B's name, they payment would go to it's respective creditor and not the other. How should I answer these interrogatories? Does the debt buyer have the right to ask about my involvement with Bank B?

Asker

Posted

As a precaution, I checked the BBB report and Bank B is not listed under "Alternative Business Names"

Matthew R Schutz

Matthew R Schutz

Posted

You need to answer truthfully. They are claiming you were dealing with bank A. If you didn't you didn't. If you cealt with Bank B then you did. . As a side note, have you posed your own discovery?

Asker

Posted

Thank you for your insight. I did in fact serve the adverse party, with a sworn denial and interrogatories, weeks prior to receiving this in the mail. however they did not respond and the 30 day time limit won't expire for another week. However i did not send a request for admissions yet. I guess I should serve that as quickly as possible.

Posted

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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Posted

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.

Asker

Posted

Thank you for your insight. I did in fact serve the adverse party, with a sworn denial and interrogatories, weeks prior to receiving this in the mail. however they did not respond and the 30 day time limit won't expire for another week.