Please advise me about what my rights are to a supoena i was served regarding my boyfriend. A collection agency served me a supoena and wants to know If I have any info on where he works or if he has any income, etc. What are my rights. What info. do I have to give out? Is this legal. I called them to tell them I could not make it to the subpoena date. The collection agency asked me to e-mail a date that would be appropiate. So I did. Well They never got back to me and they showed up and I just figured they would get back to me through e-mail or mail and I never recieved any thing so I did not show up, and now the court has ordered me a new date and said if I did not show up, there would be a bench warrent for my arrest. I am off on tues. and wednesday, and I told them that in my e-mail and they still requested I show up on a Friday. What are my righs PLEASE HELP ME. Any info will do.
2007-10-08 09:57:13 · 14 answers · asked by Miss YSL 4 in Politics & Government ➔ Law & Ethics
Repeat after me "I need a lawyer, I need a lawyer, I need a lawyer!" Yahoo Answers is a great place to get general answers to general questions. It is the WORST place to get specific legal advice. Go see a lawyer.
2007-10-08 10:00:06 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
Go see a lawyer; when a court process is involved you need a lawyer. That being said, the next time you try and re-schedule a subpoena date, do it by certified mail, return receipt requested, fax, and email. There is no proof that you responded. If there is a bench warrant to be issued, I think this is either an application to have you punished for contempt or an ex parte application on the part of the creditor. I do not know what you were served with, perhaps an information subpoena, a subpoena for a deposition or for some documents. You need to show up and handle this and show up with a lawyer. Unfortunately, changing the date unless done by a lawyer puts you at risk of arrest. You need to ask a a lawyer what you need to answer, whether there is a judgment against your boyfriend, and all sorts of general information about the subpoena process. It is likely that you will have to give this information. How does the collector know you are this person's girl friend? Do you live together? Do you hold his money in your accounts? Do you deposit his paycheck into his accounts. I do not have enough information here other than to tell you that you need a lawyer.
2007-10-08 10:11:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer.
teh lawyer will tell you, contrary to the answers above, that the issue at hand for you is to "quash the subpena".
that means to have the court rukle that it is not valid upon you - noth something that ehy are allowed to ask you for, or it was not served properly, or a host of other reasons.
Getting the subpoena quashed is a matter of technicalies and you wil need an attorney for that.
But if you do it, then they will not be able to compel your testimony.
If you don't get the subpoena quashed, then you do need to testfily, under risk of a bench warrant.
A lawyer may then also be able to rais e ibjections to the specific qeustins they want you to answer, but maybe not. Again, that is too technical for anyone here to know - you need a lawyer who represents *your* interests.
If there are no valid objections and you refuse to testify, then you wil probably be helpd in contempt of court and sit in a jail cell until you change your mind.
Not sure when the latest you can quash a subpena is, but once you are on the stand ad sworn in, it is probably far too late, and that opportunity will be gone to you forever.
Get a lawyer soon, as it will take time to prepare whatever is needed to quash the subpoena.
And odon't be surprised if the agencyy revises and re-submits the subpeona if the quashing is on very technial grounds such as you not being served properly.
Your new lawyer will be able to answer all this for you :)
2007-10-08 10:12:15 · answer #3 · answered by Barry C 6 · 0⤊ 0⤋
Talk to a lawyer. Basically, you have to go to court unless you want to be arrested for contempt. The lawyer will tell you, most likely, that you have to give up the info about your boyfriend, sorry, but he got himself into this mess so its not your fault. You could marry him, then they can't force you to testify against him, but then you'd be liable for his debts too. Good luck. Talk to a lawyer!
Edit: Some of the other posters have made VERY good points: there are collection agencies who will do ANYTHING to collect a debt, including lying and stealing. They are notorious. This subpoena could be fake. Call the court in question and ask them about it to be certain everything is legit. And don't use the number the collection agency supplied you. Look the number for the court up on the internet. And, to hammer in this point, talk to a lawyer. You don't need to hire the lawyer beyond talking to him/her for an hour or so: it may be the best $100 bucks you could spend. Ask your BF to pay for it, since he's getting you into this mess.
2007-10-08 10:04:30 · answer #4 · answered by average person Violated 4 · 0⤊ 0⤋
A collection agency can't send you a subpoena. It has to come from a court. If it truly did come from a court, you need to comply. Failure to do so will result in your arrest.
But make sure it's actually a subpoena from a court, and not the collection agency trying to get you into their office for a hearing.
2007-10-08 10:16:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First of all, a collection agency cannot send you a subpoena. A court agent has to. It might be a ploy to get you to release information re someone. You don't have to tell them anything, pleed ignorance. If you get a court summons, then go, but they can't beat someone else's personal information out of you in an attempt to collect a debt. If he were being charged with a crime it would be a different story.
2007-10-08 10:02:45 · answer #6 · answered by Anonymous · 1⤊ 0⤋
If the court ordered you to do so, you do have to go. Contact the judge, not the agency, if you want to reschedule.
I do not know what state you are in. They may be a law that requires your employer to give you time off (probably unpaid) to go to court. (Note that this applies to subpoenas and jury duty, not to you being arrested or on trial.)
2007-10-08 10:01:28 · answer #7 · answered by StephenWeinstein 7 · 1⤊ 0⤋
If you have received a subpoena, better cough up the info. What are you hiding? It must be something good for them to come after you. Why are you haboring information? Sounds to me that there is probably more to this story than you are telling. Collection agencies aren't going to subpoena anyone. Whatever they have, it is something good to have gone to such limits. Show up and give them what they want.
2007-10-08 10:02:58 · answer #8 · answered by T 5 · 1⤊ 1⤋
Make sure it's a real subpeona and not just a hearing the company is arranging for their own benefit. Go to the court and ask them what you should do.
If the court is threatening to arrest you you have to go. Don't lie or you could get charged with purjury.
2007-10-08 10:01:25 · answer #9 · answered by Anonymous · 1⤊ 0⤋
This is a civil collection case, not a criminal case, so you have limited rights.
You do not have a right against self-incrimination, and you do not have the right to an attorney. By the time you hire an attorney to fight this, you will have spend enough to pay the debt.
Your best bet is to work out a payment arrangement with the creditor and stick with it. They will find him eventually, and when they do, they will garnish his wages on their terms, not yours. Get ahold of them while you still have a choice.
2007-10-08 10:07:05 · answer #10 · answered by trooper3316 7 · 0⤊ 1⤋