When a junk debt buyer sends you discovery, usually you will find a request for admissions included. A request for admissions is a set of statements that the junk debt buyer is asking you to admit or deny. Just as with interrogatories and request for documents, with admissions you are given a certain amount of time to answer.

Heed this warning!

A lot of people do not realize that a request for admissions or (request to admit facts) must be answered within the time allowed by your court. If you do not answer your request for admissions on time, this company will file a motion to deem admissions admitted because you failed to send them back within the time allowed by your court. This works both ways. If you send them your request to admit facts and they do not send them back to you within the time allowed by your court, you can also file a motion to deem admissions admitted.

So hypothetically speaking let’s say they sent you their request for admissions and you didn’t answer on time. As a result, they filed a motion to deem admissions and it was granted by the judge. That means that you have essentially admitted every single statement on the list. With all of those statements now admitted and filed with the court, you will quite likely lose the case.

You could also file a response to their motion to deem admissions admitted by stating your reasons to the court for not answering on time and pray that the court will allow you more time. Life will be much easier for you if you don’t make that error in the first place and answer them promptly. So go check your local court rules and see how much time you have to answer and then get your response back to the plaintiff.

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When reading your discovery, and by that I mean your interrogatories, admissions and document requests, have you noticed that some of them don’t have anything to do with your case? That’s because the collection agencies use the same discovery papers over and over again for each of their cases.

I really didn’t understand a few of the questions that I received in my admissions from LVNV. Just like their affidavits, everything is copied, pasted and printed to be sent off to the next victim.

My admissions, in contrast to the interrogatories and requests for documents, were all answered with a few words because I refused to admit something that was not proven by them. When you send them your request to admit facts, they either do not respond or simply put some jargon relating to attorney-client privilege, or they just put ‘denied’ all the way down the board.

A case in point is my lawsuit with LVNV. They sent back my admissions after the 30 days that were allowed by the court and answered almost all of them with “denied”. Moreover, they lied about those denials because one of the admissions I asked was:

Admit that you do not have the agreement to claim the amount submitted in the complaint. They put “denied”.

I know that they lied because they even told my court that they did not have the agreement and were using due diligence to retrieve it. I also put ‘Please admit that your attorney failed to comply with Indiana Trial Rule 9.2′ (which means they failed to attach the original contract with the complaint). And they answered: “denied”.

I also put ‘Please admit that you do not have a copy of the original cardholder agreement’ and they put ‘admit’. They just denied that they didn’t have the agreement in my other question but now admitted it. So, yes I tricked them and it worked! I could have won my case right there but my case ended before trial so I couldn’t use any of that. But just by them admitting in one paragraph and denying in the other I would have won my case.

My point is that here you are anxiously sweating this out but the collection agency don’t care. They are just hoping you make a mistake by not sending them your response on time.

So, don’t be scared here. They are only trying to get you to mess up your discovery so that they can file a default judgment against you. Do you think that when you send them discovery that they are going to answer on time? Do you think they will even bother to answer at all? This is a joke to them and they are doing everything to try and trick you into giving them a default.

For more information on answering a junk debt buyer by using the request to admit facts click here