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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Filing a motion to quash a subpoena records to

Customer Question

Filing a motion to quash a subpoena for financial records to a collection agency
JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.
Customer: I found out about a default judgment that was filed against me in 2014 just a couple of months ago. They are now attempting to get financial records from my purchase of a vehicle, I'm assuming to begin wage garnishment procedures...
JA: Anything else I can tell the Lawyer before I connect you two?
Customer: The original judgment was filed in Nevada. I found out about it after served with papers in a sister-state judgment filing. I still don't know what the debt is even from.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Did the payment go through.
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am sorry to learn of this situation.With regard to your specific question - objecting to a post-judgment subpoena of financial records - this is not generally a viable objection. A judgment creditor has a right to investigate the judgment debtor's finances (this includes, your debts, assets, income, and they can investigate any documents or resources that will reasonably lead them to this information).However, given what you identified as the more general problem (a default judgment against you that you apparently were unaware of, that was entered in another state), you may want to invest a little bit of time and effort into addressing this issue. Court records can be tracked down with a high degree of certainty - start with the court records you do have (such as the motion to "domesticate a foreign judgment" filed in the local state court, this should give you both the local court information, as well as the case number, and court information for where the original case was filed).With the original case information, you can then pay a process server (in that county) to make copies of the case file (should only be a few pages) and you can investigate it to ensure (1) was it really your debt; (2) was the complaint actually served on you; and (3) are there any other issues with the judgment on its face.While a judgment that is relatively old (from 2014) may be difficult to attack at this point, if there are gross defects in the case (such as it was never served on you), or if it is not your debt (there is an issue with mistaken identity or identity fraud), you can usually deal with this. You may have to hire an attorney, but if hiring a lawyer costs less than paying off the debt, it would be a worthwhile investment.