Legal Question in Credit and Debt Law in Texas
Subpoena of employment records
My daughter had a judgement filed on her some years ago by a department store. Now, years later, a collections attorney has sent her a Notice of Intention to Subpoena Documents from a Nonparty in Aid of Judgement, In accordance with Rule 205 of the Texas Rules of Civil Procedure. It lists her employer as the Nonparty and is asking for employment application, salary, bank information for direct deposits, etc. Also, any business interests, stocks, names of accountants/financial advisers, etc. She's just a poor single mom trying to get by and has none of the things they are asking for. Since wages cannot be garnished, what do they think they can do with this information and does this not fall under the privacy act? Thank you for any replies to this question.
1 Answer from Attorneys
Re: Subpoena of employment records
This is an exception to the privacy acts, and is allowed.
The agency is exercising due diligence concerning the collectibility of the judgment.