Results 1 to 8 of 8
  1. #1

    Default Information Subpoena

    My question involves collection proceedings in the State of: New York

    My debt was acquired pre-marriage. While I realize my spouse is not liable for my debt, I've received an 'Information Subpoena' requesting his personal information. I will not give this collector any information pertaining to my husband. Is there a specific way around this in terms of answering the Subpoena? I've been searching NY CL all morning in search of a specific section relating to spousal exemption but I can't find a thing. Thanks!


    ADDED:

    They're also requesting our joint tax returns. Would it be ridiculous to remove his personal information from the return before sending it to the debt collector?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Information Subpoena

    Quote Quoting sapphireskies
    View Post
    My question involves collection proceedings in the State of: New York

    My debt was acquired pre-marriage. While I realize my spouse is not liable for my debt, I've received an 'Information Subpoena' requesting his personal information. I will not give this collector any information pertaining to my husband. Is there a specific way around this in terms of answering the Subpoena? I've been searching NY CL all morning in search of a specific section relating to spousal exemption but I can't find a thing. Thanks!


    ADDED:

    They're also requesting our joint tax returns. Would it be ridiculous to remove his personal information from the return before sending it to the debt collector?
    Has the debt collector actually sued you? If not, you are not required to provide them anything at all. You only have to provide them what a judge orders you to provide.

  3. #3

    Default Re: Information Subpoena

    Quote Quoting llworking
    View Post
    Has the debt collector actually sued you? If not, you are not required to provide them anything at all. You only have to provide them what a judge orders you to provide.

    They have. Judgment filed 18 months ago and then attempted a wage garnishment but I'm unemployed.

    This Information Subpoena is from the law firm representing the creditor.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Information Subpoena

    Quote Quoting sapphireskies
    View Post
    They have. Judgment filed 18 months ago and then attempted a wage garnishment but I'm unemployed.

    This Information Subpoena is from the law firm representing the creditor.
    I would ignore them completely, but make sure that you do not have a joint bank account or anything similiar with your husband.

  5. #5

    Default Re: Information Subpoena

    Quote Quoting llworking
    View Post
    I would ignore them completely, but make sure that you do not have a joint bank account or anything similiar with your husband.
    Which I've considered, minus that one line stating "failure to comply with the Subpoena is punishable as a contempt of court."

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Information Subpoena

    Quote Quoting sapphireskies
    View Post
    Which I've considered, minus that one line stating "failure to comply with the Subpoena is punishable as a contempt of court."
    Could they file contempt of court against you? I honestly don't know. Will they file contempt of court against you? Unlikely. They know that you probably are not collectable at this point and they are hoping that you will roll over and play dead and give them SOMETHING they can use to extract money from you.

    In any case, if you decide to comply to not provide them any information on anything that has to do with your husband...which inludes your tax returns.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Information Subpoena

    Right. I suspect that llworking misunderstood something in your post, as he's not the sort to suggest doing something that could land you in contempt proceedings.

    If your husband does not want his information disclosed, you or he should file for a protective order with the court. If you have a valid basis under the law to object to some of the requested discovery, make timely and proper objections when you answer the rest of the discovery. Be aware that if you object inappropriately the matter is likely to end up before the judge. You don't have a basis to refuse to provide your tax returns, but you can seek the aforementioned protective order perhaps allowing them to be redacted such that irrelevant information is not disclosed, submitted under seal, or with some other appropriate protective measure.

  8. #8

    Default Re: Information Subpoena

    Quote Quoting Mr. Knowitall
    View Post
    Right. I suspect that llworking misunderstood something in your post, as he's not the sort to suggest doing something that could land you in contempt proceedings.

    If your husband does not want his information disclosed, you or he should file for a protective order with the court. If you have a valid basis under the law to object to some of the requested discovery, make timely and proper objections when you answer the rest of the discovery. Be aware that if you object inappropriately the matter is likely to end up before the judge. You don't have a basis to refuse to provide your tax returns, but you can seek the aforementioned protective order perhaps allowing them to be redacted such that irrelevant information is not disclosed, submitted under seal, or with some other appropriate protective measure.
    Thank you. Any suggestion as to how I proceed? Answer the subpoena but not include his information and then work on this protective order? Obtain a protective order first? They've only given me 7 days to respond and this is the first I've ever heard of a protective order, nor do I have any idea where to find a format.

    1. Sponsored Links
       

Similar Threads

  1. Criminal Investigations: Can Police Subpoena Credit Card Information
    By afl in forum Police Investigations
    Replies: 1
    Last Post: 06-23-2012, 06:33 PM
  2. Collection Lawsuits: Information Subpoena Served on Employer for Employee's Personal Bank Info
    By rmeyers in forum Debts and Collections
    Replies: 1
    Last Post: 12-10-2011, 03:09 PM
  3. Trials: Subpoena
    By justica in forum Criminal Procedure
    Replies: 1
    Last Post: 01-30-2010, 09:37 AM
  4. Service of Process: How To Subpoena Someone You Don't Know
    By Caring4U in forum Civil Procedure
    Replies: 1
    Last Post: 03-30-2008, 11:22 AM
  5. Auto Insurance: Is Insurance Information Considered Private Information?
    By phenixdragon in forum Insurance Law
    Replies: 2
    Last Post: 01-29-2006, 05:54 PM
 
 
Sponsored Links

Legal Help, Information and Resources