Admission Letter / December 10, 2018 / Lea Melton
What if You Deny Something You Should Have Admitted? There is a possible "sanction" for wrongly denying an admission requested of you. And that is that the court could require you to pay the other side s attorneys fees for the time spent trying to prove something that was sufficiently obvious that you should have admitted. I am not personally aware of any court under any circumstances that has awarded that sanction to anybody. I am sure it has happened but is it a significant risk? You decide. Most lawyers I know find some reason-just about any reason-to object to or deny them all.
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.