Subpoena from Debt Collector

[CSammy]

What is the name of your state? Florida

I recently got a letter of "Order Adjudicating Contempt" stating that I was found in Contempt of Court for ignoring a subpoena Duces Tecum for a deposition for December 4, 2006, and I would be sentenced to 5 days in prison unless I go to a new deposition date of 10/30/07.

First off I never received a subpoena for 12/4/06. I did move around a bit in Florida before settling down at my current location. And this is from a debt collection lawyer representing a bank that sued me for a defaulted car loan back in 2002 in the state of New Jersey, in which they already were granted judgment but couldn't collect from me because of my financial condition. How can they sue me again for the same debt?

What grounds can I dismiss this subpoena 10/20/07? The court is not in the same county I live in and they don't even have my name spelled correctly. The letter didn't mention what type of information they wanted (I would assume it would be all my financial status information). Would filing for bankruptcy right away stop these new legal proceedings? What other options short of that do I need? Would a lawyer be able to stop these threats of throwing me in jail for a civil debt?

 

[moburkes]

They aren't suing you again for the same debt.

 

[JETX]

How can they sue me again for the same debt?

They aren't suing you again. They are attempting to get information from you on your current financial status to enforce the EXISTING judgment.

What grounds can I dismiss this subpoena 10/20/07? The court is not in the same county I live in and they don't even have my name spelled correctly.

There is no obligation for the court being in your county. As for the name, if they have the name COMPLETELY wrong, you might try to argue that in court.... but pretty unlikely that it would succeed.

The letter didn't mention what type of information they wanted (I would assume it would be all my financial status information).

I can't imagine a SDT NOT specifying what they are looking for. Read it again.

Would filing for bankruptcy right away stop these new legal proceedings?

It could at least put a temporary stop to the process. But with the current laws, you can't just file 'right away'.

What other options short of that do I need?

Gee... you could PAY it.
Why should the bank suffer a loss for YOUR failure??

Would a lawyer be able to stop these threats of throwing me in jail for a civil debt?

No. A lawyer might help you... but a lawyer cannot stop a valid contempt order.