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  1. #1
    Join Date
    Apr 2008
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    Las Vegas, NV
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    Question What If I Respond?

    My question relates to legal practice in the state of: Nevada

    If I receive a document, related to an amount of money that I am disputing, requesting information, and if the information requested is not received "they" will assume I can pay the full amount and the amount is correct, what should I do?

    If I give the requested information will that be the same as me saying I agree that I owe the money?

    If I do not send the requested info back within 10 days then they will assume I can pay the amount and proceed to attatch my wages. I am afraid this will happen before I am able to get legal advice and file papers to dispute this issue.

    Any help is appreciated.

    Thank you

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What If I Respond?

    are you always this mysterious?

    if the "document" is part of an existing lawsuit, such a a request for discovery, then if it is an allowable request, you must respond.

    If this is all in an attempt to collect a debt with no suit pending, you can do whatever you want. They cannot compell you to answer anything and their statement of your lack of response will be accepted as "negative option" response to your financial affairs, is meaningless.

    Since you state something about "attaching wages" I would believe there was already a suit and they recieved a judgement and they are following court rules prior to attaching your wages.

    If this is so, then they are most likely correct with the negative option.

    What they are saying is;

    there are limitations to attaching of wages and rather than they go through with the action and you later try to dissallow the attachment due to your financial status, lets do this to avoid the hassle.

    If you do no respond, apparently they will attach your wages and that will be where you are at.

  3. #3
    Join Date
    Apr 2008
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    Las Vegas, NV
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    Default Re: What If I Respond?

    Quote Quoting jk
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    are you always this mysterious?

    if the "document" is part of an existing lawsuit, such a a request for discovery, then if it is an allowable request, you must respond.
    I am not trying to be mysterious.... I say document because it is not a court document, it is a request for information. There is really no information pertaining to a case or particular issue except to whom it is addressed.

    If I respond by giving the information, is there a way to specify that just because I respond I reserve the right to dipute?

    Or can I just write that on there?

    Thanks.

  4. #4
    Join Date
    Jul 2006
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    5,437

    Default Re: What If I Respond?

    Quote Quoting foxxxy
    View Post
    I am not trying to be mysterious.... I say document because it is not a court document, it is a request for information. There is really no information pertaining to a case or particular issue except to whom it is addressed.

    If I respond by giving the information, is there a way to specify that just because I respond I reserve the right to dipute?

    Or can I just write that on there?

    Thanks.
    Are you sure this is not discovery in a lawsuit?



    Q: If I respond by giving the information, is there a way to specify that just because I respond I reserve the right to dipute?

    A: Yes. Will it work? I don't know...you are too mysterious for me.

  5. #5
    Join Date
    Apr 2008
    Location
    Las Vegas, NV
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    Default Re: What If I Respond?

    Quote Quoting seniorjudge
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    Are you sure this is not discovery in a lawsuit?

    Yes. Not a discovery in a lawsuit.

    Quote Quoting seniorjudge
    View Post

    Q: If I respond by giving the information, is there a way to specify that just because I respond I reserve the right to dipute?

    A: Yes. Will it work? I don't know...you are too mysterious for me.

    Do I just write that???

    I reserve the right to dispute?

    or is that the wrong term?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What If I Respond?

    well, if there is no law suit and this is not part of one, they are not going to attach your earnings until there is a lawsuit and a judgment rendered.

    if no law suit, go back and read my prior post around the statement "with no lawsuit pending" area.

  7. #7
    Join Date
    Apr 2008
    Posts
    4

    Default Re: What If I Respond?

    I would keep that letter. I think it is a violation to threaten legal action according to the FDCPA. This might be useful if they attempt to sue you in the future.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What If I Respond?

    it is illegal to threaten if they cannot or do not intend to do what they say they will.

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: What If I Respond?

    Quote Quoting jk
    View Post
    If this is all in an attempt to collect a debt with no suit pending, you can do whatever you want. They cannot compell you to answer anything and their statement of your lack of response will be accepted as "negative option" response to your financial affairs, is meaningless.
    I never heard that term before, so I researched it:

    "With a negative option agreement, a company takes a consumerís silence or failure to cancel as acceptance of the offer, and permission to bill them".


    http://www.consumeraffairs.com/news0..._suntasia.html

    I agree, meaningless.

  10. #10
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: What If I Respond?

    Quote Quoting foxxxy
    View Post
    My question relates to legal practice in the state of: Nevada

    If I receive a document, related to an amount of money that I am disputing, requesting information, and if the information requested is not received "they" will assume I can pay the full amount and the amount is correct, what should I do?

    If I give the requested information will that be the same as me saying I agree that I owe the money?

    If I do not send the requested info back within 10 days then they will assume I can pay the amount and proceed to attatch my wages. I am afraid this will happen before I am able to get legal advice and file papers to dispute this issue.

    Any help is appreciated.

    Thank you
    The company will assume the debt is valid if you do not dispute it, which means nothing, IMO.

    I never heard of the negative option before, but my initial thought was they will assume it constitues an "adoptive admission" or "adoption by silence".

    I can't pull up the NV rules of evidence, but I will list it from the Uniform rules, last sentence (B):

    RULE 801. DEFINITIONS; EXCLUSIONS.

    (a) General. In this article:

    (1) “Declarant” means a person who makes a statement.

    (2) “Hearsay” means a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

    (3) “Statement” means an oral assertion, an assertion in a record, or nonverbal conduct of a person who intends it as an assertion.

    (b) A statement is not hearsay if:

    (1) the declarant testifies at the trial or hearing, is subject to cross-examination concerning the statement, and the statement is:

    (A) inconsistent with the declarant’s testimony and was given under oath and subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition;

    (B) consistent with the declarant’s testimony, is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive and was made before the supposed fabrication, influence, or motive arose; or

    (C) one of identification made shortly after perceiving the individual identified.

    (2) the statement is offered against a party and is:

    (A) the party’s own statement, in either an individual or a representative capacity;

    (B) a statement of which the party has manifested adoption or belief in its truth;


    Adoptive admissions, under federal rule 801, are "sometimes" used against a criminal defendant concerning post arrest silence when they refuse to say yes or no when they are asked if they committed the crimes or stand mute, for lack of better terminology. It can legally be used against them to impeach thier testimony in some circuits.

    Under civil lawsuits it also has some relevance, by specific case law.

    I will equate such hearsay rule, if eventually sued, to jk's negative option quote as meaningless IMO. I am not an attorney, so take it for what it is worth.

    You have to decide though HOW you wish to respond to the demand.

    It seems a debt was active at one time though, yes?? If you dispute all or any part of the debt, you have to decide how you want to respond, or NOT respond at all??

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