Legal Question in Credit and Debt Law in New Jersey

Re: Debt Collection

You can refuse unless the request or demand is backed by a judicial order or other process.

Inventories of personal property are normally done by a Sheriff or Court Officer pursuant to a "writ of execution." Ask to see identification. If you have doubts as to the identification, call the court. Ask to see the writ. It will tell you what is permitted. If there is no writ, you do not have to permit a physical inventory.

Information subpoenea are requests for information in writing from you. They are used after a creditor has already obtained a judgment against you. The form of the request is mandated by the court. If a creditor holds a judgment against you, they can demand that you answer the limited questions on the Information Subpoena. If the subpoena is valid and in proper form and you refuse to answer, you can be arrested and may go to jail until you do answer. That depends on the judge.

If you have been presented with an Information Subpoena and have any doubt whether it is the proper form, you may find the current form on the NJ Courts web site.

See also: http://info.corbettlaw.net/lawguru.htm