Asking the Right Questions

Questions are tools of power. They gather information without creating admissions. They shift the burden of proof. They reveal the nature of claims without compromising your position.

Why Questions Matter

Statements Questions
Create evidence against you Gather evidence from them
Can be used as admissions Don't admit anything
Put you on defense Put them on defense
Show your position Reveal their position
Lock you into a stance Keep options open
The Power Shift

When you ask questions, the other party must answer. Their answers (or refusal to answer) become evidence. Their inability to answer reveals weakness in their claim. You learn while they expose.

Questions by Category

Identity Questions

Clarify who the parties actually are:

"Which legal entity are you addressing in this matter?"
Forces clarity on whether they're addressing you personally or a legal entity.
"In what capacity are you acting when making this claim?"
Reveals whether they're acting personally, as agent, or in official capacity.
"What is the source of your authority to make this claim?"
Puts burden on them to prove they have standing.
Agreement Questions

Probe the claimed agreement's validity:

"Can you provide the original signed agreement?"
Many claims rest on agreements they can't actually produce.
"On what date did the alleged agreement form?"
Forces specificity that may reveal problems.
"What was the method of acceptance?"
Signature? Silence? Conduct? Each has different implications.
"Were all terms disclosed at the time of the alleged agreement?"
Hidden terms may void or modify the agreement.
Consideration Questions

The heart of contract validity:

"What consideration did you provide in exchange for my obligation?"
They must prove they gave something of value.
"Did that consideration exist prior to the agreement, or was it created from the agreement itself?"
Critical for banking claims where money is created from your note.
"Can you document the source of the funds allegedly lent?"
Banks often cannot show pre-existing funds.
"What loss or detriment did you suffer in this transaction?"
True consideration requires the giver to give something up.
Standing Questions

Probe their right to enforce:

"Are you the original party to this agreement?"
Reveals if the claim has been assigned.
"If not, can you provide the complete chain of assignment?"
Breaks in the chain may destroy standing.
"Are you currently in possession of the original instrument?"
Holder status often requires possession.
"Was the original note properly endorsed to you?"
Missing endorsements may break the chain.
Jurisdiction Questions

Clarify what authority applies:

"Under what jurisdiction do you claim authority?"
Administrative, common law, and statutory jurisdiction have different requirements.
"What is the statutory basis for this claim?"
Forces them to cite specific law.
"How was jurisdiction established over me in this matter?"
Jurisdiction must be proven, not assumed.
Accounting Questions

For monetary claims:

"Can you provide a complete accounting from the inception of this alleged obligation?"
Full history may reveal problems.
"How was the amount claimed calculated?"
Forces disclosure of fees, interest, charges.
"What credits have been applied to this account?"
Ensures all payments are accounted for.

How to Ask

In Writing

  • Be specific — Vague questions get vague answers
  • Number your questions — Makes non-response to specific items obvious
  • Set a deadline — "Please respond within 30 days"
  • Note consequences — "Failure to respond will be treated as..."
  • Send certified — Create proof of delivery

Verbally (If Necessary)

  • Record if legal — Check your state's recording laws
  • Take notes — Write down answers immediately
  • Follow up in writing — "Per our conversation, you stated..."
  • Stay calm — Emotional reactions work against you
  • Don't volunteer information — Answer questions with questions

What Their Answers Reveal

If They Can't Answer

Inability to answer fundamental questions (like "what consideration did you provide?") reveals weakness in their claim. Document the non-response.

If They Won't Answer

Refusal to answer ("that's not relevant") may indicate they have something to hide. Note the refusal and consider what it implies.

If They Answer Vaguely

"Value was exchanged" without specifics isn't an answer. Follow up with "What specifically was exchanged?"

If They Answer Fully

Complete, documented answers suggest a stronger claim. Evaluate whether their position is actually solid.

Questions to Avoid

  • Leading questions that assume facts — "Since I owe this debt..." assumes the debt exists
  • Questions revealing your strategy — Don't telegraph your arguments
  • Questions with emotional charge — "Why are you persecuting me?" invites dismissal
  • Questions you don't want answered — Don't ask if you can't handle a bad answer

Building Your Question List

For any claim, develop questions in these areas:

  1. Identity — Who are the parties?
  2. Agreement — What was agreed, when, how?
  3. Consideration — What did each party give?
  4. Standing — Who can enforce, and why?
  5. Documentation — What evidence exists?
  6. Accounting — How are amounts calculated?
  7. Jurisdiction — What authority applies?

The answers (or non-answers) to these questions form the basis for your strategy.