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Showing results for tags 'fifth amendment'.
I was wondering if I could get an opinion on what someone should do if they find themselves in this situation. Lets say I got sued by portfolio recovery for a past credit account around the amount of $1750 in California. After receiving discovery, I simply decided to exercise the right to plead the fifth because to my understanding (which at the time was limited and still is), to have answered the questions would be testifying against myself. Also, is it not the Plaintiff who holds the burden of proof needed to win the case? Consequently, A motion to deem admissions was entered and court date will be in a few weeks. Would it be a better idea at this point to just answer the discovery or should I just ride this one out and push the point that unless there's proof of the debt, how can there be a judgment against me? Also, if completing discovery ends up being my best option, would it be wise to file it with the court so that the judge might see it and decide not deem the truth of facts specified in the motion to be deemed admitted in his tentative ruling? Thank you