Can an attorney collecting a credit card debt subpoena my employee records from my employer?

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Can an attorney collecting a credit card debt subpoena my employee records from my employer?

Asked on August 20, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a judgment against you from a credit card debt, the attorney for the judgment debtor can subpoena your pay records from your current employer to assist in collection of this debt where the likely result will be a wage garnishment and perhaps a bank levy on your accounts for payment of this obligation.

Under the debt collection statutes of many states, the requested subpoena upon your wage records of your employer is allowed.

If you can make monthly installment payments on this debt, that would perhaps be the wisest course for you assuming the judgment creditor will enter into a written agreement for you to do so and hold off all other debt collection enforcement procedurer and proceedings.

 


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