Legal Question in Credit and Debt Law in New York

Subpoena and questionaire with restraining notice

I recieved a ''Information Subpoena and questionaire with restraining notice. Im not exactly sure what this is but it claims FCNB is attempting to collect a debt, Ive attempted to pay this numerous times and my account kept being sold to new collectors never bringing my balance down to reflect payments, I dont exactly know what to do. The lawyer wont discuss any payment arrangements without me giving them my employment info which I am reluctant to do, any advise?


Asked on 10/23/06, 9:56 am

2 Answers from Attorneys
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Subpoena and questionaire with restraining notice

They must have received a judgment against you in court. Were you served with the complaint and failed to answer?

If you fail to answer the subpoena you could be held in contempt.

The judgment creditor is entitled to garnish your wage at work that is why they want to know.

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Answered on 10/23/06, 10:45 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Subpoena and questionaire with restraining notice

go to the court where the judgment was obtained (the restraining notice shows that) and file a motion to vacate the judgment (they will help you do that). When you go to court (after the judgment is vacated, tell te judge you've been trying to make payment arrangements. You will get a reduced settlement. Pay no interest on the original principal owed, NO late charges, etc.

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Answered on 10/23/06, 7:09 pm


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