Can adebt collection lawyer request information about my car loan?

A debt collection lawyer has requested information from me and a banking institution that has my car loan. Do they have the right to request information about other debts that I owe?

Asked on October 14, 2011 under Bankruptcy Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, a debt-collection attorney may seek this information. It is clearly relevant to their ability to collect:

1) the amount of other debt you have affects your disposable income available to pay a debt;

2) any secured debt--e.g. a car loan, where if the debt is not paid, the property or asset securing it can be repossessed or foreclosed--reduces the value of assets available to pay the debt in question; and

3) If you claim you have only, say, $3,000 a month in income, but are paying $800 a month for a Jaguar, that suggests that you have more income or assets than you admitted to.

In short, it is clearly relevant information. You don't have to answer until some legal process (an information subpoena; a court order; etc.) is used to compel you to answer--but if and when such is done, you will have to answer the question(s). Good luck.


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