Information Subpoenas

[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.

[kellygoe4618]

I just read your post- sadly, this is a trend and nasty trick that an attorney will often use! I know that there are a couple of posts on here about that situation- horror stories of bank accounts frozen w/o notice, wages garnished ect.......

I'm pretty sure that there's gotta be a way to fight it- depending on what state you live in- you can usually do a search of court docs to see when it was filed, case # ect- then go to the courthouse to get copies of the documents they filed. Depending on the law firm, the docs attached may not even be real!! I know of 1 in particular that makes a practice of this

this site is great and has a lot of people who have been through it and have great advice, so I know someone will let you know the process of how to fight it!

Don't ever talk to a collector/attorney on the phone!!! SEND THEM A VOD ASAP and never give them any info (banking ect...)

[gldskr]

Information subpoenas are nothing new, depending on location I believe they are called an "Order of Examination". They are filed after the judgment to determine the extent and location of assets.

Additionally, they only apply to personal property and/or wage garnishment.

Your best defense is to secure your assets first, by liquidation or other means.

gldskr

[sonny]

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

[Friendsplacect]

You should close down all your bank accounts before you answer so you can lawfully answer the fact that you dont have a bank account.
And then after its done you should go open another bank account again and use paypal as another place to park funds.

[Acadian]

This might work in this case I don't know.

I've used this and it's worked for me for getting rid of collectors.

http://www.suijuris.net/forum/banks-...collector.html


Acadian

[sonny]

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.

the supeona has to be backed-up by a court case,if not they are not using title 15 of the USC,fair debt collection act, which it must be signed by an attorney. if it has the signiture,and i do not meen a printing you need to find the code of conduct for attorneys which is stated that they must have a signed agreement with their client. you submit a letter with the code number requesting a copy of their that contract before you answer their questions. that is also an issue that can be used in court because it can be anyone off the street suing you in which if you lose the bona-fide attorney can sue you down the road. if you have not been presented papers from the court you must bring that to their attention i your communication to them.