Legal Question in Credit and Debt Law in New York

Credit card settlement offer, illegal practices?

I just received a letter from a lawyer for credit card settlement offer.

In this letter, is a questionnaire with 14 questions on it. Some of them are totally irrelevant to me owing them money as it's just a SETTLEMENT OFFER.

Questions asked:

*name, address, ss #, Phone#, DOB.

*do I or spouse own or rent?

*if we own, who's name is on

--title?

---mortgage holder

*name and address of landlord

*name/address of employer, salary, position, time there

*same info if self employed.

*If I belong to a union, name/address of union/local number and membership number

*SPOUSE'S name/ss#, DOB, even HIS NAME AND ADDRESS OF HIS EMPLOYER!!!

*Name and address of bank

*year, make, loan holder of car

*if I was involved in any lawsuits or claims involving insurance arising from an accident, state the details/name/address of lawyer and insurance company

*set forth address of any real estate, other than your residence, THAT YOU ARE INTERESTED IN!!

*attach federal income tax return

*other income

Are these questions legal? I'm not answering them anyway, I'm just going to call them.

Thank you.


Asked on 11/09/07, 8:39 pm

2 Answers from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Credit card settlement offer, illegal practices?

The question is "are they legal". The answer is they are not illegal. The other question is do you have to answer them? Answer is "depends". Is there an action pending? Were you served with a summons and complaint? If the questions were asked pursuant to an action to collect the debt the answer is "yes" to a point. The attorney is allowed to ask questions that are relevant to his task of collecting funds that may be owed to his client. If you believe the question is not relevant don't answer it. If he pushes the issue, a Judge would rule whether you have to answer...probably would not get that far...If there is no action pending you do not have to answer the questions.

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Answered on 11/10/07, 10:44 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Credit card settlement offer, illegal practices?

Yes they are legal and are called "interrogatories" .They are searching for any other assets you may have in case you do not pay.

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Answered on 11/09/07, 8:48 pm


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