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Odetotheteapot

Question about responding to request for admissions in AZ

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Hello All,

 

I am in the process of responding to a request for admissions and one of the requests is:

 

Admit that you never sent a written dispute if any billing statement within sixty (60) days of receiving that billing statement.

 

I actually did send a letter denying the debt was valid (because I thought it was included in my BK and I still have a copy of it) but I am worried that answering "DENY" will be considered an admission of guilt.

 

Can anyone give me advice on this?  

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Deny. Insufficient knowledge... essentially whatever they say to answer these questions. By specifying "60 days" you can say "...it may have been 59, I can't say."

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In addition to Goody's suggestion, also object on the grounds that the question is ambiguous (e.g. what do they mean by "dispute?  Sent to who? Is the collection letter from the debt collector considered a "billing statement"?) and unduly burdensome (answering truthfully would require you to have kept records dating back x-number of years to the inception of the account).

 

You don't state the examples I gave you of ambiguous and unduly burdensome in your response.  Just say "Object. Request is ambiguous and unduly burdensome."

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Howdy, 

 

You could also object to the request, because it assumes facts not in evidence.  That question assumes that you received billing statements.  How would they be able to prove that you ever received any?  Even if they could prove that someone sent them, could they prove that you ever received any?  Not that I can see.  There is nothing at this time in the record of the court that supports the claim that you received billing statements, and the defendant would be unfairly prejudiced if such an assumption were allowed to stand.  

 

Wheels up, 

 

Stick

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