Can adebt collection lawyer request information about my car loan?

UPDATED: Oct 14, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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