Legal Question in Credit and Debt Law in New Jersey
Credit Card Judgement
I just received a notice of judgement from the court regarding a credit card that I defaulted on. The balance is over $25K. They sent me a questionnaire asking about my assets and bank accounts. Am I required to answer this? Will they put lien on my bank account once I do? I am currently unemployed and have no property.
2 Answers from Attorneys
Re: Credit Card Judgement
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What you probably received is what is called an Information Subpoena. This is a document that a judgment holder is by law permitted to send to you in order to find out what assets you hold, where you and the assets are located, etc. This document should have a statement on it telling you that if you do not answer it within a certain time period, that they can compel you to answer it through the courts. Since you state that you are currently unemployed and have no property, it may be in your best interest to contact the judgment creditor directly and explain your situation. They cannot get blood from a stone and if you answer your subpoena they will see that and may be willing to work with you to pay less than the amount of the judgment. Some judgment creditors, though, will not talk seriously with anyone but an attorney. Sad, but true. However, even if you have to pay an attorney to negotiate for you, it can definitely be worth it. I have saved my clients thousands of dollars by negotiating with creditors on their behalf. Good luck.
Re: Credit Card Judgement
A person receiving an Information Subpoena is required to respond to the subpoena and provide the requested information. Not doing so could subject one to penalties, attorney fees and possibly a finding of contempt. One way or another the information is required to be provided.
Income or assets can be garnished or attached to pay an outstanding debt under a Judgment.
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