Legal Question in Credit and Debt Law in Florida

Judgement filed, now debtor is threatening jail

About 6 years ago my husband had a credit card that was stolen.We reported it stolen and closed the account.We were making the minimum payments when I fell sick and was no longer able to.About 4 years ago they sold the account to a collection agency and the collection agency sued him in court and they were awarded with a judgement against my husband.He owed 1700$ on the card but now they are tacking on intrest and its over 5000$. A few months ago, they sent out paperwork for him to fill out. It wanted names and social security numbers for our children, myself, and him.They wanted paycheck stubs dating three years back and copies of our income tax returns.They wanted physical descriptions of what we looked like, what car we drove.He didnt fill these forms out and tonight he recieved a subpeona to produce the documents or spend 5 days in jail.Is this legal?Its not my debt and they are asking for my paycheck stubs as well but Im on disability.What can they do?Can they garnish wages and take our income tax returns? Please help.We are already in foreclosure on the house and dont own a car.We cant afford to lose anymore money.Thank you.


Asked on 9/06/06, 7:41 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Judgement filed, now debtor is threatening jail

Simply put, some of the questions are beyond the scope of what is proper. But you failed to properlyreply and the creditor obtained on order requiring you to answer.The creditor can only reach the judgment debor's non-exempt assets. From what you say there are no non-exempt assets. I urge you to see an attorney now. Else answer as best you can, or go the court to request an order protecting you from having to answer the improper requests.

Read more
Answered on 9/06/06, 8:56 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida