Legal Question in Credit and Debt Law in New York

Hi. I just got a letter in the mail from a Debt Collector That wants imformation about my income , mortage , cars I own and so forth.. Now on Jan 17 of 2008. A judgment was made against me to collect the debt owe.. Since then every 2 weeks 10% of my gross income is taken out to pay it. In the letter from the collection agency it talks about the judgment on that date and then follows up in bold print.. " NOW THEREFORE , WE COMMAND YOU, that you answer in writing under oath, separately and fully , each question in the questionnaire accompanying this subpoena, each answer referring to the question to which it responds; and that you return the answers together with the original of questions within 7 days after your receipt of the question and subpeona. " This is also follow up in bold print. " TAKE NOTICE that false swearing or Failure to comply with this subpeona is punishable as contempt of court." At the very bottom of this letter it states " THIS COMMUNICATION IS FROM A DEBT COLLECTOR " . Now my question is.. Do I have to send them any imformation ?

Asked on 4/17/10, 12:56 pm

1 Answer from Attorneys

Andrew M. Doktofsky Andrew M. Doktofsky, P.C.
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Technically, yes you are required to respond. However, if you do not, then the creditor must bring a motion to compel compliance. The language that you cite regarding contempt of court is no longer applicable - the creditor and/or the attorneys for the creditor may have violated the Fair Debt Collection Practices Act by threatening you with contempt for failure to comply with an information subpoena. Please contact my office directly should you wish to discuss your situation further.

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Answered on 4/22/10, 3:06 pm

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