Admission Letter / December 7, 2018 / Hilary Kirby
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 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.
Get a copy of the requisite for the letter. This information is usually on the college or scholarship application instructions. If it is their first job find out why THEY think they are qualified. Review their resume together for further insights. The letter itself... The recipient their title and the address must be on the letter. Also for college admission letters reference the candidate s name and social security or admission ID number. If you have a job with official stationary use it. It adds a more professional touch. In the opening paragraph confirm why you are writing the letter. For example you could begin with a sentence like this.