Legal Question in Credit and Debt Law in California

An attorney (that bought the loan from our credit card company) that is now trying to collect my defaulted loan ($5000) sent a subpoena to my mortgage company to produce my loan records. What is my right to prevent them from looking into my records? I live in CA. Thank you.


Asked on 4/21/11, 8:59 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If there is already a judgment against you, the "attorney" has every right to subpoena the records. If there is only a pending lawsuit, you may be able to challenge this. Please re-ask your question to LawGuru, or directly to me, and say whether there is already a judgment against you. If this is the first you've heard of any lawsuit, say how old the credit card debt is (how long since you last made a payment). Remember you must respond to any lawsuit within 30 days or a default judgment will be entered against you.

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Answered on 4/21/11, 9:05 am


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