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Collector files Subpoena Duces Tecum on Husband, Wants Info on My Bank Account!

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  • Collector files Subpoena Duces Tecum on Husband, Wants Info on My Bank Account!

    Hi, My husband has some old judgments (from 2002) that won't go away because they were bought by the collector from hell (Sacor). A few days ago, he received a copy from Sacor's new attorneys of a Subpoena Duces Tecum for each of his current creditors. This subpoena requires the creditors to provide the following information:
    "Images of the front of the last 12 payment remittances you received on the loan. If the payments were made online, please provide the complete detail of the routing number and bank account of customer for each payment."
    Here's the problem: Since he doesn't have any income, I pay any charges that he puts on his credit cards online from my bank account, which is in my name only. My husband and I have no joint assets and no joint debt. Do they have the right to gain information about my bank individual account in my name only? Is there anything I can do to stop the creditors from providing my bank account information?
    Thanks for your help!

  • #2
    My plan is changing to add my student loans of 78k. Now we longer will be 100 percent and will have to stay there for 5 years. He said our payments should stay the same but the amount the unsecured debts would get will be less. If all goes well 30k should be payed to student loans in 5 years.

    Comment


    • LadyInTheRed
      LadyInTheRed commented
      Editing a comment
      Excellent result!

  • #3
    Perhaps it is time to get a lawyer involved on your side. Step wrong and you could get nailed for the debt. Have the judgements been renewed every ten years? Is the collection agency licensed to do business in your state? Have they been advised in writing that ya'll are disputing the underlying debt and in accordance with the Fair Credit and Collection Act, do not call you regarding this debt? Is the firm really lawyers or just pretending to be?
    If you're still using the loan, why is it in collections? If it is in collections, why are you paying it (which resets the timers for statue of limitations)?
    Search this forum for how to fight a judgement. There are many missteps that can relieve or obligate you to the full amount plus the trumped up "collection" fees.

    Comment


    • #4
      Maria80386
      The OP is not paying anything toward the old debts which are the subject of the judgment. The judgment creditor has attempted to find out the debtor's bank account information--for purposes of seizing/levying the funds--by sending a subpoena to each of the OP's current creditors asking for copies of the 10 most recent payment instruments. The problem is that the actual debtor is not a named owner of the bank account(s) used to pay the family's current obligations. The question being asked is if there is any legal basis for her to prevent the disclosure of this information.

      Comment


      • #5
        Close the account you use to pay your husband's debts and open a new one, preferably at a different bank. This will be a hassle if you pay all of your bills using online bill pay, but not as much of a hassle as trying to object to the subpoena or fighting attempts to get at your accounts later. For future payments you may make on his behalf, deposit money into a checking account in his name so he can pay the debt from that account, or pay with cashier's checks or money orders.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment


        • #6
          Since OP does not live in a community property state, and is not a party to the judgment(s), does the judgment creditor even have any legal basis to attempt to levy her bank account(s) just because she used them to pay toward her husband's current living expenses? I had always thought that the judgment debtor must actually be named as an owner on the account, which is clearly not the case here. Hopefully an attorney will post back with their opinion.

          Comment


          • #7
            Well, to thicken the plot substantially, here's an issue that might cause me a problem, although I never gave it a single thought while it was happening and didn't think about it until after my first post on Monday.

            My husband has a well-established Ebay account with several hundred feedbacks that he's earned since 1999, while I'm somewhat of an Ebay dummy (and of course, all the things he bought and sold, I paid for because he didn't have a job during most of that time). From 2012 to the middle of 2015, I had a fantastic contract job where I made $100,000 to $150,000 each year. I was able to save about $80,000, which I kept in a separate account that was the overdraft account for my regular checking account. I also went to a whole lot of yard sales, estate sales, pawn shops, etc. and bought a ton of items cheap that I knew would bring more money than what I paid for them, so I though it would be a good long-term investment.

            Well, in September of 2015, my contract ended; for several weeks prior to that, I had started having intense muscle spasms in different parts of my body, so I thought I'd take a month or two off work to rest and see if they'd get better. They didn't. Then, in November 2015, my husband was diagnosed with lung cancer and had surgery in December 2015. Then in January, he was diagnosed with prostate cancer and had another surgery. (Thankfully, he's still cancer-free as of now.) I kept getting worse and could barely stand or sit. (The doctors originally thought I had ALS, then multiple sclerosis, but have never been able to figure out the cause.) Anyway, we were hemorrhaging money out of my $80,000 in savings. There was no way I could go back to work. At that point, I knew we would have to start selling my collectibles, so we used his Ebay account and (here's the dumb part in retrospect) had the proceeds deposited from the Paypal attached to his Ebay account into my savings account (since I could then transfer it to my checking when I needed to pay bills). Long story short, I was out of work for 19 months, I lost all the $80,000 in savings as well as the money from my collectibles that we sold on Ebay, and we racked up a few thousand in credit card debt to boot. I'm not fully recovered, but I got a job working from home for 1/3 the money I was making. So, we have no savings and we've only been able to tread water by selling the remainder of my collectibles through his Ebay. I never would have given any of this a second thought until he got this subpoena duces tecum. (FYI, we live in Georgia.)

            Once I started reading about it, I realized that this whole thing could look like I was helping him to convey assets, even though they were MY assets that I bought with MY money (he hasn't had a job since 2010) sold at a time when we were desperate and I thought I might not be able to work again! Now I'm well and truly frightened! At this point, I have $500 in the account that used to have $80,000+, about $1500 in the account that I use to pay the mortgage and the bills (including his credit card bill), a house that is not worth as much as I owe on it, and a car that I'm about halfway paying on. Frankly, the only thing I'm afraid of losing is the car and my good credit score.

            Sorry for the long email. Does anyone have any thoughts? I'm absolutely sick with worry about it!

            Comment


            • #8
              Sorry for reposting a question that I asked earlier, but I REALLY need some help/advice on this issue.

              Background:
              My husband has an old judgment from 2005 (judgment renewed by Sacor Financial in 2013).

              We have no joint debts or bank accounts of any kind.

              He has not earned any "official" income since 2010.

              I have been making payments to two of his small credit cards that he uses to buy us groceries, etc.

              A couple of weeks ago, he received a copy of a Subpoena Duces Tecum that was sent to his major creditors. The subpoena required the creditors to provide routing and account information on any account that was used to make a payment on his account in the last 12 months, which would be my checking account (once again, in my name only).

              Complication:
              In a time when I was unemployed and seriously ill (plus my husband had both lung and prostate cancer), I sold a bunch of collectibles that I had acquired from 2011 to 2013 (we married in December 2013). My husband has a long-established Ebay account (he fixes things he buys for cheap and sells them to make a little money, plus he sells items for a lot of other people and either barters services or gets a small cash payment). I decided to use his account to sell my stuff and we had the money in Paypal (from the Ebay sales) set up to transfer directly into my savings account (NOT the account I use to pay his bills). Because of my health issues, I couldn't work for 20 months, so we lost all the money in that savings account, including all the money I made from the sale of my collectibles -- I even had to sell my car, we were so desperate. (Another complication: My "collectibles" came from yard sales, pawn shops, estate sales, etc., so I didn't get receipts in most cases.)

              Here are my questions:

              1) Since the checking account I use to pay his bills is in my name only, does Sacor have any right to place a levy on my account? (Georgia is not a community property state.) Current balance on the account is usually around $1500.

              2) I did make transfers from my savings account (which I did not use to pay his bills) to my checking account, so can they look at that savings account as well? (Once again, the $80,000 I originally had in the savings account was acquired before we married. The collectibles I sold were also bought before we were married.) Current balance in the savings account is about $500.

              3) Does the stuff I sold on his Ebay account and had the proceeds transferred directly into my savings account put me in any danger with this creditor?

              4) Should I close my current checking and savings accounts or does that make me/us look "guilty"? Should I change anything, like making payments from my checking account to his card or change his Ebay setup to take my savings account info off?

              5) If I should contact an attorney, what kind of attorney should I call? A bankruptcy attorney? My husband can't declare bankruptcy, because I make just barely enough to put us over the means test, plus I'm sure the things he sold on Ebay for me looks like a transfer of assets, even though the items were mine.

              Thank you so much for your help!! I really don't have any idea what to do and I'm afraid of whatever actions Sacor can take against me.

              M

              Comment


              • #9
                Originally posted by bcohen View Post
                Since OP does not live in a community property state, and is not a party to the judgment(s), does the judgment creditor even have any legal basis to attempt to levy her bank account(s) just because she used them to pay toward her husband's current living expenses? I had always thought that the judgment debtor must actually be named as an owner on the account, which is clearly not the case here. Hopefully an attorney will post back with their opinion.
                I am worried that under the circumstances, the OP's account could end up getting frozen "accidentally". The creditor would ultimately not be able to collect the account, but it could be a hassle to unfreeze the account.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment


                • #10
                  worriedwife, the creditor would not be able to collect against your assets unless they get a judgement against you. They would have to prove in court that your husband made a fraudulent transfer under state law.
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                  Comment


                  • #11
                    Your husband should file a motion to exempt your banking information from any subpoena because he or anyone one else does not have your permission to give out that information and it is not relevant to the debt. He should submit a notarized affidavit from you that he an anyone else does not have your permission to give out your bank information along with his motion that the information would not be relevant to the amount of the debt..

                    Comment


                    • #12
                      Originally posted by worriedwife View Post
                      Sorry for reposting a question that I asked earlier, but I REALLY need some help/advice on this issue.
                      If you have to start a post by apologizing for breaking forum rules, please do not post. i have added your second post to the original thread. Discussing the same topic in two threads causes confusion and risks causing people to waste their time by repeating what somebody else has already said.


                      Originally posted by worriedwife View Post
                      Here are my questions:

                      1) Since the checking account I use to pay his bills is in my name only, does Sacor have any right to place a levy on my account? (Georgia is not a community property state.) Current balance on the account is usually around $1500.
                      No, but that doesn't mean that if they think an account is his there is not a risk that they can cause you a lot of inconvenience.

                      Originally posted by worriedwife View Post
                      2) I did make transfers from my savings account (which I did not use to pay his bills) to my checking account, so can they look at that savings account as well? (Once again, the $80,000 I originally had in the savings account was acquired before we married. The collectibles I sold were also bought before we were married.) Current balance in the savings account is about $500.
                      Without a judgement against you, they have no right to look at your accounts

                      Originally posted by worriedwife View Post
                      3) Does the stuff I sold on his Ebay account and had the proceeds transferred directly into my savings account put me in any danger with this creditor?
                      Maybe, but probably not. First they would have to find out about it, then they would have to sue you and prove that there was a fraudulent transfer under state law.

                      Originally posted by worriedwife View Post
                      4) Should I close my current checking and savings accounts or does that make me/us look "guilty"? Should I change anything, like making payments from my checking account to his card or change his Ebay setup to take my savings account info off?
                      People change banks all the time. It doesn't make you look guilty. If you are not liable for his debt, there is no guilt in doing what you can to protect your assets from collectors. Closing accounts that can be connected with your husband is the easiest way to protect yourself. What you should change is that you should not make any payments on your husband's debts that give his creditors information on your accounts.

                      Originally posted by worriedwife View Post
                      5) If I should contact an attorney, what kind of attorney should I call? A bankruptcy attorney? My husband can't declare bankruptcy, because I make just barely enough to put us over the means test, plus I'm sure the things he sold on Ebay for me looks like a transfer of assets, even though the items were mine.
                      To do what Eternal4 suggests, you should contact a debtor/creditor attorney. Many bankruptcy attorneys can help, but not all. Do you realize that income is only the first part of the means test? Have you gone through the entire means test to make sure your that he can't get a Chap 7 discharge? If he has not already done so, your husband should consult 2 or 3 bankruptcy attorneys to make sure he can't file Chap 7.
                      Last edited by LadyInTheRed; 04-25-2018, 11:24 AM.
                      LadyInTheRed is in the black!
                      Filed Chap 13 April 2010. Discharged May 2015.
                      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                      Comment


                      • #13
                        Thank you so much, LadyintheRed and Eternal4, for your responses. I guess I should have read the forum rules before "bumping" my original post -- I was just afraid that my original post would get lost in the jumble and no one would respond. I will definitely take all of your advice, particularly about contacting a debtor attorney. Regarding the means test, I went through one of those "means test calculators" and it showed we were still over the limit (just a little), although some of the standard amounts that they showed for a two-person household were definitely less than we actually spend, and we don't do anything at all -- no trips, no eating out, etc. Do you know of a site that has really detailed information on what we can count in the means test? I've seen so many confusing items that I'm not sure what's right and what's wrong.

                        Thank you again so much for your help!

                        Comment


                        • #14
                          In your first post, you said your husband doesn't have any income, but it in the second one you said he doesn't have any "official" income. If you file for bankruptcy, you have to disclose ALL income. If he hasn't filed income taxes for his unofficial income, that could be a problem.

                          The creditor who issued the subpoena could also request a debtor's exam, and your husband could be questioned about his income, official or otherwise, under oath.

                          Comment

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