“Dear Steve,

I am being sued by a debt collector/attorney’s office on an old WMU credit card account which was closed over 2 years ago. I’ve told them in writing that I have no income other than unemployment and no assets. My court date is scheduled end of January. This week I got a letter from them “subpeoning” me to come to their office and swear out answers to their list of questions as to whether I truly owe the debt. Is this something I am obligated legally to do or is it a ploy to put pressure on me to sign their paperwork before court?

Can a debt collector/attorney “subpeona” you to their office to swear out that you owe a debt to them?

Martha”

The Answer

Dear Martha,

Depending on where you live, yes they can.

I asked an attorney friend about your question and here is what they said. “Sounds like standard discovery procedures, and my guess is that yes they can do that, just like the consumer is free to do to them. But I don’t know what state it’s in, or what evidence the collector might have, so I would suggest that the consumer either contact a lawyer in their state, or try to look up the state rules of civil procedures on their own, which they will likely have to do since they have no money.”

There is no substitute for good legal advice. Please find a licensed attorney in your state and seek their advice.

Big Hug!

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