Legal Question in Credit and Debt Law in New York
I just received a Information Subpoena from a law firm about information on my parents. They are referencing a unpaid debt.
Do I need to answer the questions?
I do not know the answer to some of the questions. ie Social Security Number
Last date you were in contact? I feel that I'm going to get more questions.
2 Answers from Attorneys
Not without a court order.
Usually, information subpoenas are issued after a judgment has been obtained. A judgment is obtained when someone who claims to be owed money sues someone in Court. If that someone does not respond to the papers (called the summons and complaint) advising them of the lawsuit and explaining why they claim the money is owed, they can win a judgment by default. The judgment gives them the authority to force almost anyone to answer questions they ask IF the questions are reasonably related to their attempt to find and seize assets (to pay the judgment). Therefore, IF there is a judgment (check the subpoena to determine if one exists), you must respond to the questions. If you do not know an answer, state "unknown" and complete the questionnaire.