Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-09-2008, 11:35 PM
Junior Member
 
Join Date: Dec 2008
Posts: 2

Interroggatories in Aid of Execution


What is the name of your state Florida (only U.S. law)?
On a Interrogotories In Aid of Execution and Requests for Addmissions and Documents this seems to me to be an awful lot of information to give a lawyer that is suing you and can be used against you, an unknown person at that. is there a way to postpone answering or not at all.? Can you plead the 5th Ammendment as not to incriminate yourself.?
  #2  
Old 12-10-2008, 08:21 AM
Member
 
Join Date: Feb 2006
Posts: 689
Quote:
Originally Posted by ribsnhotsauce View Post
What is the name of your state Florida (only U.S. law)?
On a Interrogotories In Aid of Execution and Requests for Addmissions and Documents this seems to me to be an awful lot of information to give a lawyer that is suing you and can be used against you, an unknown person at that. is there a way to postpone answering or not at all.? Can you plead the 5th Ammendment as not to incriminate yourself.?
Fromt the 5th:

"... nor shall be compelled in any CRIMINAL case to be a witness against himself, ..."
  #3  
Old 12-10-2008, 09:03 AM
Senior Member
 
Join Date: Oct 2005
Posts: 1,529
At the post-judgment stage, the permissible scope of discovery in aid of execution is any information that will lead or is reasonably likely to lead to the identification of non-exempt assets.

That’s a very broad field and covers enforceable assets and their source(s) and the reason(s) they would or wouldn’t be exempt. However, if you believe that inquiries exceed that scope, you formally object and allow the court to decide if a response is required, not required or required but limited in scope.

If you simply refuse to respond, you can be held in contempt. Any delayed response – e.g. to gather required information and/or documentation – must be with the agreement of the propounding party and should be memorialized. So the short answer is no ducking, no avoiding without valid cause and no taking the 5th.
  #4  
Old 12-10-2008, 09:14 AM
Member
 
Join Date: Sep 2007
Posts: 167
Chien's response is absolutely right. You can be held in contempt if you do not answer the interrogatories.

I just wanted to add that I read these boards often and "Chien" gives the best information of anyone on this board. He (she?) is always courteous, kind and very knowledgeable
  #5  
Old 12-10-2008, 09:58 PM
Junior Member
 
Join Date: Dec 2008
Posts: 2

Thank You


OK that seems to be what everyone is saying and bacicaly do it an get get er done.Thanks for the replies, much appreciated.
Ribs
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:01 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.