Head in Sand -- VERY Bad Idea
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Posted by Bear (12.15.123.127) on October 20, 2002 at 07:27:22:
In Reply to: Here we go again!! posted by Aggravated on October 18, 2002 at 23:37:56:
Aggravated indicates a judgment now exists against her. At this stage, ignoring written requests from the creditor’s lawyer is a bad course of action. The “court order” that she thinks is necessary probably already exists – the judgment itself. A client ended up in jail for a couple of hours for ignoring so many of those requests (before consulting me) that the creditor’s lawyer got an arrest warrant for contempt of court. The debt-collector lawyer won that round. Fortunately, we were later able to extract revenge many fold in another case. Aggravated should take the matter very seriously. I can’t express an opinion on MT practice. In my state (and probably in most states), questions like those she described can be asked, in writing (or under oath), of a judgment debtor. This is called post-judgment discovery. “Discovery” is basically information gathering each side is allowed to do outside of court. If her debt collector-lawyer is as motivated as the one I dealt with, ignoring the questions could get Aggravated in very hot water. By the way, in many states discovery material (which is what this appears to be) is not supposed to be filed in the court. They don’t want tons of paper. It sounds like Aggravated cannot afford a lawyer. Perhaps Mr. Aggravated can. If not, she should check with Legal Aid and see if they’ll help. Putting one's head in the sand is never a good solution. Just remember what's up in the air when your head is in the sand! :-)
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