[tbrandmlr]

I was divorced in 2007 from a man who was here illegally and utilized my credit card by using my deceased husband’s identification. Citibank obtained a judgment against me in April of 2009 which has subsequently dropped off my credit report. Their new attorney just notified me that they are filing a Subpoena Duces Tecum with Hyundai for a car I financed for my son. Can they take that car and get my bank records?

[talaniman]

Yes they can, depending on what those documents you have ben ordered to turn over reveal. The question is why a car company would come after you in the first place unless the car was gained through fraudulent means or the contract was never satisfied. Is it paid off or were you behind in payments? Was your ex involved in the loan, or financing? Your new lawyer can certainly lay out the reasons and options you have.

Surprised he has not answered your questions already and reviewed the documents himself. If he did what did he say?

[ma0641]

Yes. Duces tecum is basically a subpoena to appear and bring the documents required. I guess they want to know how come you didn't pay the cc but financed a car. Just because it isn't on your credit report doesn't mean they won't try to get past due money.