What is the name of your state? PA
A few months back I started receiving letters from a local attorney on behalf of Discover stating that I was being sued, etc etc, and every so often I'd receive an "update" from them, saying they were tacking on interest, etc. I live pretty much paycheck to paycheck, used to make more, new owners, hours cut, wages cut, etc, definitely could not afford to pay this, still can't. Now this is not a matter of $20k or even $10k, it's around 6, so I can't really understand why they'd retain attorneys for so long and that are so pursuant over what most credit card companies would call "a small amount of money" if you got your card stolen and someone charged that much on it (at least that's what American Express calls $5700, had it happen to a family member). Anyway, last night I got a knock on my door apparently while I was at work, and a "subpoena" was served to my roommate for me. Now, for one, I thought that if a subpoena was served in person, it had to be served to the person that was being sued or whatnot and they had to sign for it? Because isn't that the point of the subpoena, to know the person that is supposed to be getting it, gets it? I mean otherwise my roomie coulda just thrown it in the trash and say I never got it, and she DID tell the person she was not me. (My name is a unisex name) So upon reading through this, apparently I have to produce tax returns and property deeds (not that I own any, that's just what this says), etc. It's from the court of common pleas and says Civil Division on the front page, does this mean I can be arrested? Also says "If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attorney fees and imprisonment." which also worries me. It says Civil Action No. AR-05-2825, so how is this a civil matter? It's a debt. Finally, it says "Take notice that the Deposition upon oral examination of Defendant, ______ (me) for the discovery of assets in aid of execution, pursuant to PA Rules of Civil Procedure 3117, 4001, et seq., will be taken in the offices of Weltman, Weinberg & Reis, Co., L.P.A., (their address) on January 25, 2006 at 10:00 am, and continuing thereafter if necessary.
The scope and purpose of the examination will be to discover the existence and whereabouts of any and all assets of the Defendant. You are required to bring with you the following documentation." and then it goes on to list what I need to bring for 3 pages.
So, I thought you could not get arrested for debts? Why all of the sudden do I have papers with the word Civil on it? And I was not aware you can be "summoned" to anywhere but court.... if anyone can give advice on this matter, I'd be appreciative, because I need to work every weekday literally to keep myself afloat, so.