This topic has been discussed in previous posts, but it is a vital aspect to winning your case. When you receive the collection agency’s request to admit facts, they basically have started their stop watch. You now have a certain number of days to answer the request and it’s essential to get it in as soon as possible.

While it’s important to answer interrogatories and requests for documents during the discovery phase of your lawsuit, the request to admit facts is the most important phase. Logically then, it is the most important part of discovery to answer and get back to the opposing attorney within the time frame allowed by your court.

Collection agencies and junk debt buyers feed off of this part of discovery. They have set their timer and usually fail to mention that there is a deadline for you answer. They are cunningly using your court rules in an attempt to nail you on this.

It is recommended that you go to your local court rules and look up how much time your court allows for you to answer the request to admit facts. You will find this information under discovery or request for admissions.

Sample:

My State (INDIANA) has the following, read it carefully:

Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within a period designated in the request, not less than 30 days after service thereof or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney.

What this means is that the defendant and the plaintiff have 30 days to answer the request to admit facts or they will all be deemed admitted. Do you see why the request to admit facts is the most important part?

They are hoping that you don’t know how long you have to answer these requests. The moment you have missed the deadline, you can be sure they will file a motion to deem admissions. The court here in Indiana says that you have 30 days to answer these admissions and if you don’t, every single one of the requests to admit will be deemed admitted.

Now look over all those requests. Every single one of them can be deemed admitted and the opposing attorney can win. After reading them you’ll see why. Basically, by failing to respond or missing the deadline, you have admitted that this is your debt, that you signed a contract, you agreed to the agreement, you made payments etc.

Now this also is true for the request that the defendant sends to the plaintiff. The date that you mail those requests for admissions the clock starts for the opposing attorney as well. If they fail to answer your request to admit facts within the time frame given by your court, you too can file a motion to deem admissions!

So read your court rules under request for admissions (discovery) and see how long you have to answer them. Most likely the attorney will simply request a response and not give you a time frame hoping that you mistakenly miss the deadline and they can file that motion to deem admissions and win their case.

During the discovery phase the request for admissions and/or request to admit facts are the most important documents to get back to the opposing attorney on time.