Quote:
|
Originally Posted by TheIntelCritic
I was just doing some research (as always) and I stumbled across some blogs about information subpoenas.
The blogs were by debtors who were served information subpoenas by debt collectors.
Turns out that the debt collectors, with the information received from the answered information subpoenas, were able to freeze debtor bank accounts, garnish wages, call their places of employment etc., all because of the information the debtor provided in response to the information subpoena.
I think it's a clever trap set by debt collectors because the consequences of not responding to an information subpoena range from contempt of court to other violations. This typically frightens the debtor who doesn't know how to respond.
My question is this:
1) How do you respond to an information subpoena by a debt collector? What can you say legally so that you won't give up vital information they will use to attack you?
2) Are you allowed to object to any questions and not answer?
3) How can you generally overcome this sort of trap?
I look forward to your valued responses. I always try to think preemptively. You never know when a debt collector will creep out of the woodwork, and you never know what tactics they might try to use against you.
|
read the fair debt collection act and you will find basically the party collecting the debt is a 'bona fide fiduciary" which means is they must show proof that they have the right to collect a debt which consists of a contract from the creditor stating the debtor's name and the account number. if they have no documents and you do lose in the court someone else can make a claim against you and possibly win so you will pay twice