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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
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I have been served with a petition for requests of disclosure,

Resolved Question:

I have been served with a petition for requests of disclosure, admissions, and production from a collection agency. Should I respond to this myself or hire an attorney. I would like the opportunity to pay the money back, however I was never give an option I could afford. Should I respond like that? Perhaps offering a monthly payment... If I do respond myself, should I respond to each request for admission and request for production? I don't have half of the information they are looking for.

Thanks for your help.
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.
HiCustomer

which state is the litigation in?
Customer: replied 5 years ago.
Texas, Tarrant County
Customer: replied 5 years ago.
Texas
Expert:  Brandon M. replied 5 years ago.
HiCustomer

When responding to requests for production, requests for admission, etc... basically to the discovery phase of things, it's usually a good idea to have legal counsel involved. Any information that you provide can be used against you in court later on, and it is important that you not make things worse for yourself by answering a question the wrong way or giving information that you are not required to give.

When responses of this nature are given, they ordinarily must be responded to line by line, item by item. If the information is obtainable by the defendant, the defendant ordinarily must exercise due diligence to obtain the requested information.

What I have seen lately is that a lot of creditors will not negotiate lower payments until after they get a judgment; they would rather get a half-loaf of bread than no bread at all, but they want the negotiating leverage of a civil judgment first.

Let me know if more information is needed, and please remember to click "accept". Thank you.
Customer: replied 5 years ago.
So even though I can't repay the amount in full, half or even a quarter, and a payment plan is really my only option, they will still pursue further legal action. Should I look into bankruptcy?
Expert:  Brandon M. replied 5 years ago.
HiCustomer

bankruptcy is a major negotiating card for the debtor in these situations. If your debts exceed your ability to pay, bankruptcy is oftentimes the best option for people. There's nothing wrong with letting the creditor know that they can either work with you or you are going into bankruptcy and they'll get nothing. Again, I've recently seen an overall lack of cooperation from creditors until a civil judgment is obtained, but nothing prevents a debtor from discharging a civil judgment in bankruptcy.

I hope that this helps. Let me know if more information is still needed, and please remember that the experts don't get paid unless the customers click "accept". Thank you.
Customer: replied 5 years ago.
I'm sorry... one more quick one. Is a mediator something I should consider or just go with an attorney?

Thank you for your help.
Expert:  Brandon M. replied 5 years ago.
No problem. I would still recommend at least consulting with an attorney for an hour. Mediators are great for a lot of situations, but I would not recommend participating in a mediation until discussing things with legal counsel first.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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