information supeona

[Mimi41]

undefined[FONT=]undefined[/FONT]What is the name of your state?NY someone I know had his adult children receive an" information supeona "from a collection agency. In it they ask personal information and say they must respond in 10 days. Is this legal I have never heard of this.It was sent under the civil practice laws and rules,section 5222

 

[JETX]

undefined[FONT=]undefined[/FONT]What is the name of your state?NY someone I know had his adult children receive an" information supeona "from a collection agency. In it they ask personal information and say they must respond in 10 days. Is this legal

Absent any other SPECIFICS, it would appear to be 'legal'.

Per NY CPLR:
S 5222. Restraining notice.
(a) Issuance; on whom served; form; service.
A restraining notice may be issued by the clerk of the court or the attorney for the judgment creditor as officer of the court, or by the support collection unit designated by the appropriate social services district. It may be served upon any person, except the employer of a judgment debtor or obligor where the property sought to be restrained consists of wages or salary due or to become due to the judgment debtor or obligor.
<snip>

However, there is an important part of this that might be of assistance:
(b) Effect of restraint; prohibition of transfer; duration.
A judgment debtor or obligor served with a restraining notice is forbidden to make or suffer any sale, assignment, transfer or interference with any property in which he or she has an interest, except upon direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in the possession or custody of property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if the judgment creditor or support collection unit has stated in the notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified property in the possession or custody of the person served.
Source: http://assembly.state.ny.us/leg/?cl=16&a=41

The simple issue is.... do you meet the 'effective only if' part of the above. If not, then simply respond in writing that you do not.... and therefore the 'restraining notice' does not apply.