Legal Question in Civil Litigation in New Mexico

I was the primary officer of a construction company that closed down last year. {s-corp}

I am now being named in a lawsuit by a former client who's' attorney has sent addressed to me the first set of interrogatories.

Can I decline to answer and state simply that a] I reserve the right to update my answer. [b] That the woman suing me signed a contract with a corporation , not me and therefore needs to sue the corporation.

*side note - I am in the process of chapter 7 [personal] when they decided to pursue me and cannot afford the former company attorneys. They are aware of the chapter 7, but wont relent.


Asked on 7/10/10, 8:03 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Filing a bankruptcy activates an "automatic stay" of all pending litigation. The underlying litigation may not proceed without permission from the BR court. Until your BR lawyer obtains such a stay, however, those suing you have a right to proceed. You may not legally refuse to answer interrogatories. You must respond to them within 30 days. You are legally obligated to update your answers at any time you discover further information covered by the interrogatories. If you do not have an attorney helping you with this matter, then prepare to lose. This is not do-it-yourself stuff.

Read more
Answered on 7/10/10, 12:59 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New Mexico