Informational Subpoena alleging old debt

[Ronald Maurer]

What is the name of your state (only U.S. law)? New York. I received in the mail an informational subpoena asking the bank who financed my car conceing my assetts. They allege I owe a Bank in 1989, the amount of $2,000. I do not recall this debt. I have an excellent credit standing. Some say ignore this. My question is what should I do and what is the force of this document? Can they take my money in the bank without a hearing or validating the debt?

 

[mk11232]

If the debt is from 1989 then it is well beyond the statute of limitations and cannot be collected. An informal supoena does not exist, it was either issued by a court or it was not. Don't answer them but keep detailed records of any contacts you have with them, including the mailed documents (and envelopes).

Nothing can happen to you, and if they try to do something then they will be in a world of hurt for numerous violations. Contact a consumer rights attorney in your area if you feel the need.

 

[Debt Guy]

I strongly disagree with the advice you have been given.

An information subpoena is an order from a court that instructs one to answer questions. Information subpoenas are almost always issued as the result of a judgment.

Thus, the fact there is an information subpoena floating around tells me that you have been sued and a judgment awarded.

Ignoring this is about the dumbest thing you could do. You need to figure out what is going on and the sooner you know the better you can deal with the problem.

It is not uncommon that a creditor sues someone whom they cannot find. Every state has procedures to accommodate this situation. That may or may not be what happened to you.

It possible there is something from your past that you forgot. It is possible someone stole your identity.

If I were you, I would contact the attorney that issued the information subpoena and ask why? Figure out what is going on and then you can talk to an attorney or come back and ask questions about what it means and a course of action.