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tawild1 · Jul 21, 2008, 06:46 AM

An old credit card debt, defaulted on years ago when business dried up and wife lost her job, resurfaced when a Mid-Florida attorney contacted me claiming to represent Chase Bank. In an attempt to do the right thing I entered into a payment agreement with them, but once again business went south and my wife now unable to work, I couldn't continue to pay the attorney. Now he's sent me a four page questionnaire citing a Duval County (Florida) Civil Division Case No. asking for detailed information about me and my finances.

I have just a few days left of the 45 days I was told to respond within. Am I obligated to give him ALL the information he's asking for, such as SSN, Drivers Lic. #, Bank account #'s, 1040's, etc? By agreeing to make payments a couple of years ago, did I renew the statute of limitations?

Thanks for whatever information you might be able to provide.

JudyKayTee · Jul 21, 2008, 07:04 AM

Originally Posted by tawild1

An old credit card debt, defaulted on years ago when business dried up and wife lost her job, resurfaced when a Mid-Florida attorney contacted me claiming to represent Chase Bank. In an attempt to do the right thing I entered into a payment agreement with them, but once again business went south and my wife now unable to work, I couldn't continue to pay the attorney. Now he's sent me a four page questionaire citing a Duval County (Florida) Civil Division Case No. asking for detailed information about me and my finances.

I have just a few days left of the 45 days I was told to respond within. Am I obligated to give him ALL the information he's asking for, such as SSN, Drivers Lic. #, Bank account #'s, 1040's, etc? By agreeing to make payments a couple of years ago, did I renew the statute of limitations?

Thanks for whatever information you might be able to provide.

Is there a Court proceeding underway? Otherwise you don't have to give him the info. Disclosure is part of a Court proceeding.

You say it cites a Case Number - were you (or your wife) served with a Summons or Summons and Complaint - ?

And, yes, you extended the Statute - unfortunately.

tawild1 · Jul 21, 2008, 07:43 AM

Thanks for your quick response.

After further review, the Case no. being cited is from a judgment from December of 2006 where I filed before a circuit judge a Claim of Exemption wherein the judge said that as sole wage earner for my family my wages wouldn't be garnished. So what the attorney is submitting to me is a "Fact Information Sheet for Judgment Debtor." A representative from the attorney's office threatened to take me to court several weeks ago over the phone. This fact information sheet is a response to that threat.

JudyKayTee · Jul 21, 2008, 07:45 AM

Originally Posted by tawild1

Thanks for your quick response.

After further review, the Case no. being cited is from a judgment from December of 2006 where I filed before a circuit judge a Claim of Exemption wherein the judge said that as sole wage earner for my family my wages wouldn't be garnished. So what the attorney is submitting to me is a "Fact Information Sheet for Judgment Debtor." A representative from the attorney's office threatened to take me to court several weeks ago over the phone. This fact information sheet is a response to that threat.

There is a Judgment - they are entitled to the financial information. If you refuse to supply it they can subpoena you into a "hearing" and obtain it from you under oath.

tawild1 · Jul 21, 2008, 07:55 AM

Very helpful information. Thanks. Am I obligated to complete the questionnaire in full? I really don't want to give this outfit with a shady on-line reputation too much information about me, though they probably have it all already. Am I required to get this information sheet notarized according to their request?

JudyKayTee · Jul 21, 2008, 07:59 AM

Originally Posted by tawild1

Very helpful information. Thanks. Am I obligated to complete the questionaire in full? I really don't want to give this outfit with a shady on-line reputation too much information about me, though they probably have it all already. Am I required to get this information sheet notarized according to their request?

Yes. As I said, if you don't they can subpoena you in and take sworn depositions.

Whether they are shady doesn't matter if they are operating within the law - you owe them money and they are entitled to obtain information in an attempt to collect.

It's sort of a "you can do this the easy way (fill out the form) or do this the hard way (be served with a subpoena) but it's going to get done" deal.