Quash Information Subpoena??

[WickedChick]

What is the name of your state (only U.S. law)? New York..

I am asking for advice on behalf of a friend. A year ago she received a letter from a collection agency stating she owed money for a old cell phone bill. She asked to see proof of this. They stated they needed to get it from AT&T and that they would send it to her. She never heard from them again, until about 3 months ago when her bank account was closed and she found out she had a judgement against her. I told to go to court and get it removed, which it was, until they can come up with the proof that she owed this money. She has no recollection of ever having that cell phone # that they claim. Now she has been waiting to hear from the court for a new date but has not heard anything. Yesterday though she received a letter from the bank that has her car loan and the collection agency attorney's are requesting an information subpoena from the bank that has her car loan. The car loan bank states that she has 10 days to quash it? First, How can she go about doing this? 2nd, since they have not heard from the court yet are they still allowed to proceed with actions against her?? Any information would be greatly appreciated. Thanks

 

[Megadust]

Quash Subpoena

Motion to quash subpoena are not too difficult, typically there needs to be an open case between the parties in order to subpoena information / book / records. Find a basic sample from the internet and make a few solid arguments why this information should not be released, I've found reasonable luck informing the "bank" that you will hold them responsible for any release that is not court ordered; typically if there is any dispute the easiest thing for the bank to do is nothing, play on position.

If this person did miss some appearance and now has a judgment on record, then the collector has some power to investigate assets in order to collect their debt