Legal Question in Credit and Debt Law in Pennsylvania
Supp order
I was contacted by a debt collector trying to get information about my mother
(who I do not live with), who apparently defaulted on a debt with their client.
This debt has nothing to do with me, but he threatened to have a court issue
a 'supp order', or 'supplemental order' to drag me into court where i would be
cross examined about her until I was caught in a lie, at which point I would be
found in contempt of court and penalized in some way.
My question is: Can I be summoned to appear before a court for a debt that is
not mine with such an order? What obligation do I have to cooperate with this
person?
I was under the impression that the only time you can be made to appear in
court was if you are suspected of committing a crime or if you are being
sued.
Also, if the answer to the above questions is ''yes'', what happens if the court
is in another state? Am I obligated to travel there and miss work and stay at a
hotel at my expense?
Also, if they can summon me, a person not connected to the debt, to court,
why don't they just summon my mother, who contracted the debt.
2 Answers from Attorneys
Re: Supp order
If you are represented by counsel this message is simply a response to your direct query and is not intended to interfere with the attorney-client relationship. You must consult a qualified attorney to get proper advice.
Document everything about this collection procedure. Record calls (and make sure you tell them the call is being recorded, which may make them stop calling altogether).
Since you are not the debtor, they are less limited in what they may do to collect against you. though your mother may have claims against them under the Fair Debt Collection Practices Act. On the next call, and on the recording, state that "the number you are calling is used for work purposes and may not be contacted. You may contact us only by mail."
If they call you after that then you "may" be able to pursue statutory damages under the FDCPA.
As to making you appear, they really can't make you travel. In fact they can only request you travel. They can get a court order for you to appear at a deposition or hearing but that usually must be conducted in your locality. At that time you are a fool if you do not have an attorney. That attorney will instruct you on how to respond to each question, so that you don't get caught in a lie.
They can easily issue a summons in their home state. Generally an attorney can just issue them and have them signed by the court. But that is only good in their state. They then must apply to the state where you reside to enforce it. The state may support the summons or not depending on your locality and the facts presented. But you'll have the opportunity to oppose the summons before it is enforced. And generally you will not be required to pay your own transport to or from such a hearing and may be due an appearance fee from the requesting counsel.
Be warned that there are many landmines in this area. You should have legal counsel advise you after looking at all the particulars of the situation.
If I can help you with this matter or with any other legal matter please contact me at [email protected].
Regards,
Roger Traversa
Arjont.com
Re: Supp order
The call from the collection agency may very well have violated both state and federal law in its content. Your mother may have a claim against them in this regard.
In addition, you may have a claim against them if they repeatedly call you or if they threaten you. You must tell them to not call you and to only communicate by mail. Then, if they call again, you may have a claim.
Document the name of the person calling and what they say. (You may not tape unless they know you are doing so.) Get the name of the collection agency and their address if possible.
If you want to talk more about this, feel free to contact me and let me know the name of the collection agency.
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