information subpoena

[joe65]

What is the name of your state?undefinedWhat is the name of your state? NJ
need help on info about credit card debt, it says i have a judgment for $1,800.00 against me but in the papers they don't even state the exact date of this the put it down as on or about Jan 4 2005 then they proceed to ask me about my checking account cars and personal property, i was always told to never give out personal info and if they are as they say they can and already should have all the info from the credit card company and they already did a secured military check on me so they must have already had my name and social number to do this, i am on disability don't work and only have one car and live in a run down 1965 boat as my house are they legally able to take my car boat or put a hold on my disability payments i have direct deposit so if they put hold on my checking account it will hold back my rent money and food and bill money, i have no personal money or property what can and cant they do to me very worried please help it also says in big bold letters fail to comply can result in arrest and jail time
since
Joseph

Originally Posted by joe65

What is the name of your state?undefinedWhat is the name of your state? NJ
need help on info about credit card debt, it says i have a judgment for $1,800.00 against me but in the papers they don't even state the exact date of this the put it down as on or about Jan 4 2005 then they proceed to ask me about my checking account cars and personal property, i was always told to never give out personal info and if they are as they say they can and already should have all the info from the credit card company and they already did a secured military check on me so they must have already had my name and social number to do this, i am on disability don't work and only have one car and live in a run down 1965 boat as my house are they legally able to take my car boat or put a hold on my disability payments i have direct deposit so if they put hold on my checking account it will hold back my rent money and food and bill money, i have no personal money or property what can and cant they do to me very worried please help it also says in big bold letters fail to comply can result in arrest and jail time
since
Joseph

I have no idea what you are asking, but if you got a court order to show up for an examination of debtor, then you best go or you could be facing jail time.

[joe65]

no it is not a court order to show up for any thing ,it says as stated in above letter i have 14 days to hand over all my person info to some lawer or law firm i don't know never heard of . they want cars driver license number bank accounts and cash on hand and any other personal property i am to list, they used court papers that any one can down load from the court site i went on the court web site punched in the docket number DC-004469-04 of my paper and it says nothing found ocean county court NJ it says i i have 14 days to fill this out ??????????? as stated IM on disability i cant allow them to freeze my bank account or take my car as i have read in other post please any help would be appreciated
Sincerely,
Joseph

[Debt Guy]

Joseph,

This is still confusing.

The term "information subpoena" is a legal term and I don't think you just conjured it out of thin air. If you have a document that says "information subpoena", it sounds like a serious problem.

Don't assume that the courthouse website is up to date. Don't assume that anything you find on that website is accurate. They only way to know for sure is to call the court clerk and ask or to go down to the courthouse and show your paperwork to the clerk and ask if it is legit.

If it is legit, you must respond as required or your could be held in contempt by the judge and spend the night (or longer) in the pokey.

If it is not legit, they find yourself a lawyer and sue the bejezus out of whomever sent it to you.

My guess is that you have been summoned for an asset hearing. You must answer the questions truthfully.

If you are uncomfortable with this, hire a local attorney to help you. I am not sure what they could do at this point except to tell you what I just said.

Usually, an asset hearing (or an information subpoena as you describe) is for the purpose of determining the existence of assets that can be attached or garnished. Your assets may or may not be exempt depending upon state law. You can do some research yourself or you can hire a local attorney to advise you.

Now, what questions do you have?

[oldedude]

This may help you.
[url]http://www.judiciary.state.nj.us/prose-1.htm[/url]

[MamaLuna]

I am speaking from my own personal experience.

If they are attempting to collect a judgment then you must have been served at some point. Were you served a summons and complaint? If not you can file a Motion to Set Aside Default judgment or a Motion to Vacate because you were never properly served.

[Ladynred]

You have a right to claim exemptions from judgment !!! Disability is 100% EXEMPT from siezure. Id be willing to bet that most, if not all of the assets you do have are exempt from siezure but you MUST FILE THE EXEMPTIONS with the court. You also MUST answer that subpoena. As Seniorjudge said, it is a court-ordered 'debtors exam' and failure to answer it will get you charged with contempt of court.

Call the courthouse on Monday morning and get a copy of the judgment case file. In the file will be a copy of the lawsuit, the judgment, AND a copy of the proof of service. That proof of service will tell you when, where, how, and to who the summons was served. If you were not served properly per your state's laws, then you can challenge the judgment with a Motion to Vacate based on improper service. Be advised, improper service is NOT a slam dunk, there are MANY forms of legal service in most states.

My suggestion to you would be to call legal aid and get a lawyer to help you, ASAP !