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LegalKnowledge
LegalKnowledge, Attorney
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what does "lack of sufficient knowledge or information" in

Resolved Question:

what does "lack of sufficient knowledge or information" in respondent's answer mean?
Submitted: 9 months ago.
Category: Legal
Expert:  LegalKnowledge replied 9 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and concern. Typically, a defendant can either admit to or deny the allegations stated in the complaint, when they file their answer. If it is admitted to, then there is no dispute and the fact is taken as true. When it is denied, there is an objection and the defendant does not agree with the statement and this is what will be an issue that needs to be resolve or litigated. However, there are times, like you stated above, when the defendant will deny the claim stating that they lack sufficient knowledge or information. This is usually done when there are questions to the allegations and the defendant does not have the necessary information to make the appropriate response. It is fairly common and is usually something that will produce more specific information, during the discovery process. It also goes to show that the defendant is unable to answer the allegation in the complaint, since they may not have any clue what the plaintiff is alleging or the basis for it. Typically, the defendant will then raise affirmative defenses in their answer as well.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 9 months ago.

You are the third expert I have been handed off to and I appreciate your response. If I stipulate additional documentation relating to the allegations in my petition to which the respondent claimed lack of knowledge or information, is respondent then required to amend his answer or just address it at trial? Or, can his lack of knowledge or information simply be attributed to his inability to address the thinking of the irs agent and that agent's action?
Expert:  LegalKnowledge replied 9 months ago.
Lou, thank you for the additional information. At this time, the case is going to proceed and the defendant does not have to amend his answer. Anything which the defense failed to admit to, is going to be an issue for trial or summary judgment. The discovery that will be produced could resolve this issues and possible lead to a settlement, once documentation and evidence is produced, showing the defendant is possible liable. The denial and his lack of knowledge or information can be a result of the defendant really not having an idea regarding what was stated and wanting to avoid taking a stronger position such as admitting or denying it. It leaves open the possibility that the claim may be true. The answer which was received is common and most attorneys will answer this way, which translates in the matter going to mediation, the parties trying to settle this, then summary judgment and then a trial, if needed.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15953
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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