If a debt collector has obtained a judgment against me and now wants me to appearin court and produce certain financial information, must I?
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If a debt collector has obtained a judgment against me and now wants me to appearin court and produce certain financial information, must I?
I have a judgement against me from a debt collector. They sent several pages of things to bring – bank info, employment info, property info, budget, income tax returns, SSN, DL, titles, deeds, registration (vechicles). Do I have to give them all of this? Do I even have to go? If I fill out some/most of the info and offer to pay some every pay check (the last page has a “payment offer” to fill out) and send it to the debt collector listed on the order, will that be good enough?
Asked on May 17, 2011 under Bankruptcy Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If they have actually used a legal process or mechanism to request these materials--for a example, a subpoena--you have to comply. If they have not yet resorted to a legal mechanism--e.g. they've just informally asked you to supply this information--you don't have to... but assume that if you decline, they will in fact take the next step and then use legal process to get this information, which is all relevant and germane (i.e. a court would agree they have a right to it).
Nothing stops you from trying to negotiate with the judgment creditor (the debt collector) to work out some mutually agreeable payment plan; however, it is voluntary on the part of the creditor whether they will accept any such proposal from you.
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