Help with a question about Plaintiff's first request for admissions?

Question

Can a person take the 5th on a question or just not answer the question. This is a civil matter

This is a civil matter stemming from a criminal case. The civil matter in this case was already settled with the victim. But some how the bank also paid the victim. Now the bank is suing me. I think the bank paid the victim after the case was already settled. So how can i be held twice on the same dollars owed? I motioned for all documents and subpoena the bank for all the records. We are going to court this week, i already know the bank is going to ask for 60 days. I believe this is a stall tactic

Answer 1

These types of discovery responses are particularly tricky. Why? Because if you admit or IF YOU DON'T ANSWER, it will be deemed admitted for the purposes of that lawsuit (at least) and you can't challenge it later.
Applying the 5th Amendment privilege is exceedingly tricky in a civil lawsuit, where you CAN be compelled to answer a question (or live with the fact that a factfinder might be able to make an 'adverse inference' from your silence). So much of it deals with the nature of the admission. If you're REALLY being asked questions that could subject yourself to criminal liability, then by all means SEEK LEGAL COUNSEL QUICKLY. ALSO, note that you must respond to requests for admissions within a specified time (usually 30 days if served personally) and if you don't respond, the questions are deemed admitted. Thus, if it's getting close to the deadline, and you don't have an attorney, ask the opposing party (or the opposing party's attorney) for an extension while you procure the assistance of an attorney. USUALLY, such a request will be granted. If not, you may need to ask relief from the court.

Good luck.

Answer 2

The Fifth doesn't protect you from civil suits, only criminal interrogations, so you probably should check with a lawyer. You can't just not answer the questions, you need to claim a legitimate reason, which your lawyer can tell you all about.

Answer 3

A person can ONLY take the 5th if their answering can incriminate them for criminal charges.
If someone claims the 5th ammendment and you know their answer is not going ti incriminate them, they just don't want to answer the question object to their right to invoke the 5th.
So to answer your question NO they can not unless it will incriminate them and they can be charged with a crime.
Good Luck

Answer 4

you can take the fith anytime you like, your best bet would be to get an attorney to advise you taking someones legal advice online may only get you in more trouble. i know what your thinking. "but maybe an attorney will answer" that is unlikely because the attorney can be responsible for his advice and loose his liceanse. you can always call your states stte bar and they will refer you to an attorney for a resonable conseltation fee. half the cost or less.