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Hello. I asked previously on questions regarding a lawsuit

 
Dave Kennett's Avatar
  • Answered by:Dave Kennett
  • Lawyer (JD)
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Customer Question

Hello. I asked previously on questions regarding a lawsuit by credit card. My quesion today. A. I received orginal complaint with request for admissions from credit card attorney. B. I answered by generally denying everything in original complaint. C. yesterday I filed with the court request for admissions from attorney. In the request for admission, I admitted that my address was correct and I did receive statements and demand letter from attorney but I did deny everyting about charges and balance.

MY question: The original petition had facts about of receiving statement and demand letter from plaintiff.

Q: If I generally denied everything in orginal petition, will I run into problems since I admitted to where I lived and that I admitted to receiving statments on the request for admission?

 

Optional Information:
State/Country of Question: Texas

Submitted: 1028 days and 16 hours ago.
Category: Legal
Value: $23
Status: CLOSED

Accepted Answer

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Expert:  Dave Kennett replied 1028 days and 15 hours ago.

DearCustomer- Basically all of this is a matter of delaying the process. If the credit card company has the documents they will be able to testify that the documents are accurate and win their case. The only thing you can do is make them produce the evidence.

 

You're no going to have "problems" other than you may lose the suit but not because of something you did. It is very difficult to actually win these types of lawsuits on account because most companies have the records available. You are up against a well trained attorney who knows the procedure and it will eventually come down to whether or not the plaintiff has the documents to prove the amount owning.

 

By admitting you received a statement does not mean you admitted what was on the statement or that you have the statement in possession at this time. It only is an admission that you received something from the plaintiff.

 

Dave Kennett

Expert TypeLawyer (JD)
Pos. Feedback: 99.4 %
Accepts: 9146
Answered: 7/28/2009

Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations

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