Legal Question in Credit and Debt Law in New York

Credit card settlement offer, illegal practices?
I just received a letter from a lawyer for credit card settlement offer.

In this letter, is a questionnaire with 14 questions on it. Some of them are totally irrelevant to me owing them money as it's just a SETTLEMENT OFFER.

Questions asked:

name, address, ss #, Phone#, DOB.
do I or spouse own or rent?
if we own, who's name is on
--title?
---mortgage holder
name and address of landlord
name/address of employer, salary, position, time there
same info if self employed.
If I belong to a union, name/address of union/local number and membership number
SPOUSE'S name/ss#, DOB, even HIS NAME AND ADDRESS OF HIS EMPLOYER!!!
Name and address of bank
year, make, loan holder of car
if I was involved in any lawsuits or claims involving insurance arising from an accident, state the details/name/address of lawyer and insurance company
set forth address of any real estate, other than your residence, THAT YOU ARE INTERESTED IN!!
attach federal income tax return
other income

Are these questions legal? I'm not answering them anyway, I'm just going to call them.

Thank you.

Asked on 11/09/07, 8:39 pm

2 Answers from Attorneys

Guy Lewit Guy Mitchell Lewit, Esq.

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Re: Credit card settlement offer, illegal practices?

The question is "are they legal". The answer is they are not illegal. The other question is do you have to answer them? Answer is "depends". Is there an action pending? Were you served with a summons and complaint? If the questions were asked pursuant to an action to collect the debt the answer is "yes" to a point. The attorney is allowed to ask questions that are relevant to his task of collecting funds that may be owed to his client. If you believe the question is not relevant don't answer it. If he pushes the issue, a Judge would rule whether you have to answer...probably would not get that far...If there is no action pending you do not have to answer the questions.

Answered on 11/10/07, 10:44 am

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