Ask Me Help Desk - Employer served with information subpoena

Employer served with information subpoena

My employer was served with an information subpoena from a law firm yesterday and they want information on my salary, bank accts, etc to in order to process a wage garnishment. The law firm gives a court index number and says that a judgement was entered against me 10/17/06. I called my county clerk and they said papers were filed but it looks like it hasn't gone before a judge and they checked the system and can't locate any judgement against me thus far. Therefore, is my employer LEGALLY required to submit my financial information to this law firm? Can he request a courty ordered subpoena of information so that way my info goes to the court instead of directly to them? Lastly, if the clerk can not locate a judgement against me, is it safe to say there isn't one?

Quote:

Originally Posted by TheDyerz

... Therefore, is my employer LEGALLY required to submit my financial information to this law firm?

Yes, unless you apply for and obtain an order to quash the subpoena.

Quote:

Originally Posted by TheDyerz

Can he request a courty ordered subpoena of information so that way my info goes to the court instead of directly to them?

No, but you could request it.

I suppose you should show how you would be harmed, should they obtain the information in advance of a judgment. What you are suggesting is that the information be sealed pending further order of the court.

Quote:

Originally Posted by TheDyerz

Lastly, if the clerk can not locate a judgement against me, is it safe to say there isn't one?

Yes.

It looks like they are simply trying to obtain the information they will need when they do get a judgment. Frankly, I don't see anything wrong with this.

Quote:

Originally Posted by AK lawyer

Frankly, I don't see anything wrong with this.

Hello The:

Lawyer is right. There is nothing wrong with what the law firm is doing. They're serving their client's needs. YOU, and/or your employer, however, have no obligation to make it easier for them to collect. In fact, if it's not a court ordered subpoena, and your employer provides them with your personal information, you can sue your employer.

Now, I don't know how much research your employer is willing to go through, or whether they're going to seek legal advice before they make the disclosure, but I'd certainly let them know where you stand on the matter. I'd write them a certified letter, return receipt requested, informing them of your position.

excon

Quote:

Originally Posted by AK lawyer

Yes, unless you apply for and obtain an order to quash the subpoena.

No, but you could request it.

I suppose you should show how you would be harmed, should they obtain the information in advance of a judgment. What you are suggesting is that the information be sealed pending further order of the court.

Yes.

It looks like they are simply trying to obtain the information they will need when they do get a judgment. Frankly, I don't see anything wrong with this.

I don't have a problem with him supplying salary information, but I do not want my bank information released prematurely. Also, I spoke with a lawyer and he told me if a creditor sends a false legal document claiming there is a judgement against me when the case hasn't been before a judge yet, it violates rules set forth in the FDCPA. Just like the creditor has rights, so does the consumer.

Quote:

Originally Posted by TheDyerz

I don't have a problem with him supplying salary information, but I do not want my bank information released prematurely. Also, I spoke with a lawyer and he told me if a creditor sends a false legal document claiming there is a judgement against me when the case hasn't been before a judge yet, it violates rules set forth in the FDCPA. Just like the creditor has rights, so does the consumer.

So what did this lawyer say to do with this false legal document that the creditor is sending to you? Is the lawyer willing to file a lawsuit against that creditor on your behalf? If that lawyer is correct then it would be a slam dunk lawsuit and you could win some $$$. If he is not willing to file a suit on your behalf it sounds like he's blowing hot air into his smoke rings.

I'd tell your company to ignore the paperwork until it has a Judge's Order of Judgment under it's belt and then comply with the Order and not until then.

These days creditors are literally going out of their way to "dream up" new and improved quasi legal scams/ways to make a debtor pay up. That one sounds new to me. They want your company to do their work for them and make it worse than easy to collect from you. Don't make it so easy for them to pick your bank account or your pocketbook. Make 'em work for their money.