Legal Question in Bankruptcy in California
The court placed a judgment aginst me. The other lawyer has been asking me many questions: for instance, my social security number, a renter's name (a part of the house is rented), the rental amount, and the interest of my stock. The renter doesn't pay to me, but write the check for somebody else. The lawyer filed Motion to Compel the answers. What should I write in my opposition paper so that I can convince the judge that I don't have to answer the questions and I don't have to pay the attorney fee (that this lawyer asks in the motion paper). Please help me. The judgment came to be because the other lawyer lied throught the legal proceedings on his document and in court. He is a liar who just wants to make money.
2 Answers from Attorneys
If you have a judgment against you the judgment creditor (or its attorney) is entitled to ask you about anything concerning your financial affairs, and a judge is not likely to restrict that questioning. Very little is inappropriate for a judgment creditor. Examples of inappropriate questions are ones concerning your medical conditions and sexual preferences.
http://www.absolutebankruptcy.org What you really are seeking is to file a petition to re-open the case so you can contest the judgment.
You can answer the interrogatories by objecting to the questions and seeking a protective order, although as a layman, if you don't know what it permissible and what is not, you potentially could incur attorneys fee's for frivolous opposition.
You could also consider bankruptcy if you have a lot of other debts.
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