Admission Letter / December 5, 2018 / Heidi Wallace
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.
The goal is to show you that typing up a letter to obtain information about whatever college or university you are interested in can be done very quickly. You will need to address each letter individually as well as personalize the letter with whatever school you are applying. The goal here is to have a template to make it very fast and efficient. Requests for admissions are a tool designed to simplify litigation. Like many such tools however they rarely work -except in a very limited way- and function more as a trap for the careless than anything else. If you are being sued for debt you should be aware of them both because the requests can be lethal to you if you ignore them-- and because the occasional carelessness of the lawyers for the debt collectors occasionally makes them a gambit worth trying.
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.