Admission Letter / December 9, 2018 / Helga Bell
Send some to the debt collector and you ll see what I mean. A Use for the Requests There is a type of request for admission that could be useful though. This is a request that certain documents were created and sent by the debt collector. If you received a letter for example signed by John Doe Debt Collector dated August 15 2009 you might attach a copy to your requests for admission and ask them to admit that (1) the attached letter is a true and correct copy of a letter sent by John Doe Debt Collector (2) that it was sent on or about August 15 2009 (3) that John Doe was an employee of Debt Collector (4) that John Doe sent the attached letter in the normal course of his employment with Debt Collector and (5) that John Doe sent the attached letter in an attempt to collect a debt.
I ve seen it many times. He or she will attach an affidavit form to the request implying that your responses must be under oath. In my view this is an unfair debt collection practice under the Fair Debt Collection Practices Act (FDCPA). Requests for Admission are not made under oath. To imply that they are is an attempt to intimidate a party into making admissions. Or to add to the general stress and difficulty of responding at all with the increased probability of a failure to respond at all. I believe that people receiving this sort of requests for admissions should strongly consider amending their answer to include a counterclaim under the FDCPA.
What Requests for Admissions Are Requests for admission are very simply a request to the other side to admit certain things. You must respond within a specified time period usually thirty days but check your Rules of Civil Procedure or they are considered admitted. If the debt collectors send you a set you will notice that they request you to admit every single aspect of the case against you. They re hoping you will forget to respond. If you do fail to respond they ll file a motion for summary judgment and try to get the whole case decided on that basis. A Dirty Trick Debt Collectors Sometimes Play That would be pretty easy for them and to try to make it more likely the lawyer for the debt collector may very well pull a trick to try to intimidate you.