It is one of the 4 or 5 types of Discovery used for producing evidence. "Written questions designed to discover key facts about an opposing party's case, that a party to a lawsuit asks an opposing party (but not a witness, who can only be questioned in person at a deposition). Interrogatories are part of the pretrial discovery stage of a lawsuit, and must be answered under penalty of perjury. Court rules tightly regulate how, when and how many interrogatories can be asked. Lawyers can write their own sets of questions, or can use form interrogatories, designed to cover typical issues in common lawsuits. See Topic: Lawsuits & Mediation" From: http://www.nolo.com/lawcenter/dicti...m/08D168C0-252B-4370-92B367FBAB401D04/alpha/I www.nolo.com
Is this something Magistrate Judge or agent for collection agengy can do or ask when you have been summonsed to appear in court for the CA to try to get a judgement on you - to find out where your bank acct. is or where you work where they can turn around and seek garnishment on you? To find out more about whold ordeal see my post on 2-18-02 at 13:29. Thanks
Sweetness, In a word, that is exactly the purpose. To extract as much information from you as they possibly can. hen, after they get the judgement, they just have to present the results of the interrogatory to the judge to execute a levy on your assets and/or a wage garnishment.
And they will do that if he shows up for the judgement hearing? I have seen on several of these posts from different people that say whatever you do, you need to go to that hearing. If you are just walking into a trap, is that the thing to do, knowing that just being there they will be learning everything you don't want them to know right then? And if you don't go, will they try to get this info by mail or some other means?
If you don't go, they get a default judgment. Then, if you haven't sent them the completed interrogs. by the requried time, they may ask the judge to issue a bench a warrant to bring you before the court to answer the questions. You really need to get a lawyer.
Sweetness, If the SOL has run as you claim, get a lawyer to make an appeal to the judge for a summary judgement in your favor. In a nutshell, the argument will be it doesn't matter where Sweet works or banks. They SOL clock has tolled and any legal action by the creditor is moot. No way I'd walk in there and have to spill my guts if it were not necessary. I'm gonna bet that what the creditor lawyer is angling for is an admission from you that you acknowledged the debt under oath and, that restarts the SOL clock. I'll say it again, you're about to really screw this deal up. If you truely have an SOL defense, now is the time to use the thing.
Sweetness, I'm sorry about the previous post. I got you confused with someone else on the SOL. I'd agree with LKH. An interogatory is a command performance and they can ask anything and everything. If you fail to attend, it will be considered a default.
