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View Full Version : Debtor information subpoena rules


sktb_3
Aug 26, 2010, 06:35 AM
Debt collection lawyer sent me an information subpoena demanding all my personal information: checking acct. number, mortgage info, car license plate & vehicle number, investment account numbers, social security number... What information are they entitled to and what's off limits?

smoothy
Aug 26, 2010, 07:03 AM
I think all of it applies, since I assume you already lost a court case and this pertains to the collections phase.

Unless this has to do with an actual court case you lost (the only way they would have rights to that information)... I'd tell them to get stuffed.

Wait for other answers just to be certain.

bendingleconte
Aug 26, 2010, 09:07 AM
The above posting is correct only if you have already lost a case and have a judgement against you. Since they sent a subpeona, it sounds like it may not have gone to court yet. If this is the case, it would be very wise to see if you can settle the account directly with the attys.

Make sure that the documents are a valid legal subpoena from an atty and not just a threat from the collection agency. Under the FDCPA, they MUST tell you that a legal document is such if it is, and they CANNOT tell you it is if it isn't.

JudyKayTee
Aug 26, 2010, 10:26 AM
The above posting is correct only if you have already lost a case and have a judgement against you. Since they sent a subpeona, it sounds like it may not have gone to court yet. If this is the case, it would be very wise to see if you can settle the account directly with the attys.

Make sure that the documents are a valid legal subpoena from an atty and not just a threat from the collection agency. Under the FDCPA, they MUST tell you that a legal document is such if it is, and they CANNOT tell you it is if it isn't.


In NY this info CAN be subpoenaed following a Judgment - the subpoena does not mean it has or has not been turned into a Judgment.