Legal Question in Credit and Debt Law in Georgia
I received a questionable letter from an "attorney" for a business I once did business with, the 1st page basically says dear clerk enclosed is an original cert. of service of discovery material for filing but it shows what seems to be information on a possible old civil case that I do not remember. The 2nd page basically states something about plaintiff's 1st post judgment interrogatories & request for production of documents, In bold it demands that I provide all kinds of personal information from current to all previous up to about 6 years in the past, my age, social security number, employment info current to to back 2 years, income information from monthly salary how often I am paid to even the form of said payments. Also asking about my monthly living expenses, rent, or mortgage, what i paid for it if I own or buying it and whom from. Banking info even asking for account numbers and registries etc. tax returns for the last 3-4 years, payroll check stubs for last 3 months and more. Like I said A LOT of very personal information. my question is 2 fold how do I find out if it is real & if it is do I have to answer such personal questions as this.
I have received no summons, been served no papers or suits, and do not remember any such civil suit, I did however several years ago have an account with the supposed plaintiff.
1 Answer from Attorneys
What you have is not a letter but documents pertaining to a lawsuit. Regardless of your memory of a lawsuit, there is a judgment on file somewhere unless this is a case of mistaken identity and the law firm has sent these papers to the wrong person.
Whatever you think of the interrogatories, the creditor law firm is asking questions in an effort to discover your assets if the judgment belongs to you. I strongly suggest that you go to the county where the judgment was entered and pull the court file. Make a copy of the summons & complaint (and any attachments) including the return of service, the motion for a default judgment and entry of judgment as well as any FiFa (writ of execution) or other documents in the file. Take the papers you obtain from the court and the recent papers you received from the lawyer and pay a local attorney to review them for you and help you answer.
If you do not answer the interrogatories, you can be compelled (forced) to answer. the plaintiff's attorney will have you brought before the court. So do not delay. You have 30 days from the date you receive the papers to answer the interrogatories.
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