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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6823
Experience:  Licensed attorney helping individuals and businesses.
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Can I compel a Plaintiff to properly answer questions on the

Customer Question

Can I compel a Plaintiff to properly answer questions on the request for admissions? The Plaintiff did reply timely but many of the answers were: Objection. The request is not reasonably calculated to lead to discovery of admissible evidence. The admissions
were very fair and legitimate questions. One was: Admit that plaintiff received TARP money in 2008. That is a fair question as this supposed debt is a home equity line of credit. If the loan was in default and the bank received TARP money they were required
by Federal and State Laws to offer modification assistance. They did not have to approve it, but they did have to offer it to all delinquent homeowners.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ron replied 1 year ago.

Normally if a party does not answer or deny a request for admission they are deemed admitted. You can file a nation to deem the requests admitted or in the alternative to compel responses. Usually if the requests are admitted the responding party is bound by the answer and can't dispute the fact. Mass court rule of civil procedure 36 is the applicable rule. On motion the court may deem the request admitted.

Customer: replied 1 year ago.
Thank you! So I file a Motion to Compel. Do I have a time limit on which to file this motion. I have not received the interrogatories yet, can I wait for those? I did catch a false statement. On my discovery request I asked for a copy of the assignment and notices mailed to me showing the assignment of the account. They responded with: None currently in plaintiff's possession, custody or control. When I asked for them to Admit they do not have it they denied it.
Expert:  Ron replied 1 year ago.

You need to wait for the responses to the request for admissions. Then file the motion On the document response, you should follow up with a direct admission request asking them to admit that no assignment document exists.