Do I have to answer all questions on an incomeandexpense questionnaire regarding a debt collection lawsuit?

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Do I have to answer all questions on an incomeandexpense questionnaire regarding a debt collection lawsuit?

I recently got served papers from a lawyer trying to sue me for an outstanding credit card. I have currently been paying a monthly payment to them, but when I asked why they were sueing me they said because I hadn’t set up the payment plan. We agreed to $40 per month, now I have to prove what I make. They sent me a questionaire to fill out, and some of the questions I don’t want to answer, such as my work number, my account information and other questions. Do I have the right to not answer those questions and leave them blank, or do I have to answer all questions?

Asked on February 28, 2011 under Bankruptcy Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Say thanks to that light bulb that went off in your head on this one.  You do NOT have to give out that information to the attorney and you should not.  Generally speaking the law allows a judgement creditor to obtain that kind of information.  But they must have already sued you and won a judgement against you.  Then they are allowed to take your deposition or send you info regarding your assets, etc.   You send back the questionnaire with the art filled out that says something along the line that you and they agree that you will pay $40 a month toward the debt owed.  State the amount of the debt.  State that interest is stopped and no other fees apply.


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