Legal Question in Credit and Debt Law in New Jersey
When the Debtor requires information from a collection agency and is refused.
How does one legally go about retrieving information from a collection agency that is vital in proving that payments have been misdirected when the collection agency states that a) they will not track payments, b) will not verify if they received said payments, and c) will not provide methods of attempts at contact with the debtor or the results from same attempts, because it had been sold to another collection agency?
1 Answer from Attorneys
Re: When the Debtor requires information from a collection agency and is refused.
If there is a pending legal action and the collection agency is within the geographical jurisdiction of the Court, you can subpoena them. Failure to comply with a valid subpoena can be contempt of Court.
If there is no pending legal action there's not much you can do unless the matter falls within the scope of a regulatory agency you can file a complaint with and which then can subpoena records for its investigation.
If you have something to "prove" you likely have the basis to begin a lawsuit and that is the only way to obtain the power to issue subpoena.
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