Legal Question in Credit and Debt Law in California

I have had my name pulled out of a hat so to speak, as it is the same name as a person that an attorney is trying to collect on back rent from. I sent them a letter back in April stating that I was not this person ad gave some detail as to where I was living at that time per their instructions, and told all would be fine. I received a Fedex yesterday stating that they are going to subpoena my and my husbands joint bank records. I am in no way this person and can prove it without a doubt, but they are still harassing me ad they certainly have no right to have access to my personal records. Can I file a suit against the attorney?

Thanks

Linda Bell


Asked on 8/12/09, 11:48 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You will need to file a motion to quash the subpoena or for a deposition protective order (depending on what procedure is being employed). In your motion, you can request attorney's fees for the trouble. You also should consult with a local attorney to determine whether the creditor is violating the Fair Debt Collection Practices Act.

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Answered on 8/12/09, 12:12 pm


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