Help With Protocol on First Request for Admissions

[BH25]

I was summoned in October from a collection company in Oregon (Daniel Gordon), who is representing US Bank National Association. I sent him back a DV letter and they have responded back with a First Request for Admissions and Request for Productions.

After more research, it seems as if I sent the wrong letter to them and a DV letter should be sent before summons. Obviously they have not even responded to this DV letter and now I need to send back a response in the next few days. There are 15 questions and I know that if I don't respond, it is an admission of guilt.

I would be grateful for some help on how to proceed. The strange thing is, they never sent this First Request packet as certified mail. Wouldn't this be required in order to hold me to this 30 day window? Also, should I call the clerk to ask if they have received this? It seems strange to me that they would ignore any requests I ask them for validation and just continue demanding more information me and threatening me with guilty verdicts for not answering. How can they not answer me, but I have to answer them?

[BV80]

A summons and Complaint is a judicial proceeding. A DV letter is not. Call your clerk of court's office to make sure the case was, in fact, filed. If the Complaint was filed, it must be answered, or they will get a default judgment against you.

It's too late for you to DV now. Anything you requested in your DV letter, you can request in your own Interrogatories and Request for Production of Documents to them.

You must answer their requests using the same court header with the case number etc. that they used. Each answer and paragraph should be numbered. Read your state's court rules for civil procedure. They will give explanations about responding to those requests.

The strange thing is, they never sent this First Request packet as certified mail. Wouldn't this be required in order to hold me to this 30 day window?

It would be required only if your court rules state so. Check your court rules for proper service.

Read the following link. It contains sample answers to admissions and interrogatories.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=252142

[BH25]

So could I respond back with a General Demurrer? Do I answer all the questions in their request or deny them and ask for proof? Still a little confused on how to answer these 15 questions. Thanks.

[BH25]

It seems to me the Demurrer would be the best way to go. They have provided no proof of any contract, no exhibits, no dates where I entered into a contract, etc. They just have a total of what I supposedly owe the bank and a date of when it was charged off.

Any help would be greatly appreciated.

[BV80]

I'm not familiar enough with a General Demurrer to give an opinion. All I will say is make sure there are no negative ramifications to filing a demurrer. Read your court rules carefully.

If you were to answer the requests, be honest. When you can deny, do it.

Two other possible answers:

"Defendant does not have enough information to admit or deny."

"Defendant has no such knowledge, and, therefore, must deny."