Faloni & La Russo: Warrant For Arrest?

He is stating worst case scenario, don't worry. It is true that the judgement is a court order and it does say you have to pay X, so failure to do so would be considered contempt of court and is a criminal offense. The probablity that a judge would do that is very low. The most likely thing to happen is that you could be picked up and brought to court to answer to why you did not complete the documents. (that is allowed in California when you ignore an order to provide info).

Now for the judgement were you properly served?
Did you just ignore everything and got a default judgement?
How old is this debt?

I was never served a document stating that I had been served. Rather, I received a copy of a letter the judge sent to the aforementioned debt collector/law office, stating why she declined they request for summary judgment and that the case ended up defaulting.

I was going to show in court but ultimately I decided to not go and let it default since at the end of the day the debt is mind. I've been trying to find a bankruptcy lawyer but they charge more than I can afford.

This notice is in regards to an information subpeona. It is a court ordered document containing 17 questions to which a judgement creditor is LEGALLY ENTITLED to the answer of. Examples are where you work, banking information, if you own real estate. If you do not respond to this a civil warrant could be issued for your arrest. If you do not have a copy if the document, you need to get a copy. You can request a copy from the CA.

If the debt is yours and there is a judgement you need to call the CA and setup terms. Otherwise they have ways of enforcing judgements through involuntary means.

Well, the information subpoena came not from the court but from the debt collector - should I call the court?

YES!!

You should immediately file a Motion to Dismiss due to Improper Service, if you did not get a summons. As an American, you must get a proper chance to defend yourself in court.

But yes, as I have said before, it is *possible* to be arrested because of debt, but it is extremely rare and when it does happen (and it does) it is usually involving millions of dollars and possible offshore hiding of funds to keep from paying the judgment (i.e. a more active Contempt of Court).

Either that or file for Bankruptcy immediately. This guy appears to be a jerk and a thug and as for me, I wouldn't pay him a single penny.

I've been trying to file for bankruptcy but I unfortunately happen to live in one of the more affluent towns of NJ (which I am not!) and most of the bankruptcy lawyers I have spoken to charge more than I earn in two months. I am almost ready to sit down and do it myself.

As far as this information subpoena I received from Faloni & La Russo, it only contains sixteen questions, mostly asking for my social security number, date of birth, my bank account numbers, etc.

if they are a judgement creditor then they are absolutely 100% well within their rights to send you an information subpoena. it doesnt have to come "from the court", but from plaintiff's attorney as well. should you fail to respond to the IFS a hearing will be scheduled for you to fill it out - dont mistake this as a chance to hear the facts of your debt! it is ONLY in regards to the IFS and no attorney will be present. should you fail to show up to the hearing an order of arrest can be granted, which can lead to a warrant being issued for your arrest for failure to comply with the information subpoena.

That was the thing - it is on the letterhead of their Law Offices but at the bottom it states it is a communication from a debt collector; not an attorney.

they have to put that on any communications involving collections. if you're not comfortable with it then call the courts. they will verify everything i have told you. if you owe the debt now is the time to take care of it. i work at a collections law firm and know that is how you have to operate. everything we send, everytime we talk to someone "this is a communication from a debt collector, this is an attempt to collect a debt". i say it in my sleep.

True, because it *is* an attempt to collect a debt.

FIRST, CALL THE COURT AND VERIFY. Here is the Information Subpoena and Written Questions for the Municipal Courts of the state of New Jersey. Note that when the form comes from the court then you may be subject to arrest. Here is the Procedural Rules in relation to Interrogatories. See "4:17-4. Form, Service and Time of Answers" and "4:17-5. Objections to Interrogatories".

That was a *HUGE* mistake in not going to court. You could have at least worked out a comfortable payment plan with them, and it might not even have gone to judgment. And since you never received a summons, you could even have had a chance at getting the whole case thrown out, Improper Service is a valid defense and a reason to Dismiss the case. I do not understand - if you could not afford to pay the debt to the point where the creditor had to go to court, how can you pay it now with very little room for negotiations? Now, on top of the original debt, will be added attorney costs and court fees so it will now be even higher. They can attempt to garnish your wages and seize your assets.

You really need to look into bankruptcy, and fast. The Bankruptcy Court has a website with thorough instructions on the process of filing pro se (by yourself) and all the necessary forms: US Courts. If you look in the Section called "Bankruptcy Basics", they even have a series of videos explaining the bankruptcy process. You will see links to the left, the US Trustee link is the place to start. You have to undergo Credit Counseling first (before filing) so that is where you need to be headed. Also note "Filing Without An Attorney". Be *very* careful if you try for Chapter 7 first. What happens is that sometimes the payment schedule for Chapter 13 is too much for the debtor to possibly afford, and so it would qualify them to convert to Chapter 7. However, if you *file* for Chapter 7 and the courts convert you to Chapter 13, you will not be able to convert to 7 for one year. Basically, only file Chapter 7 if you are Insolvent (your liabilities exceed your assets).

there's little reason to RUSH into bankruptcy. why dont you try to call the CA and see what your options are. they arent always as unreasonable as everyone thinks. if you do call the CA though, dont expect your threat of bankruptcy to give you any leverage. furthermore, when you send back the IFS DEFINITELY CALL THE CA to establish terms.

Is a bank that holds your mortgage required to give how and what bank the mortgage is paid on. And if you own a house and it is paid by my wifes bank account can the CA take money from my wifes account even if she is not responsible for the debt.

if I can add a question here. i'm in a similar situation with an information subpoena.
one of the questions asks about my spouse's employment. the debt was incurred long before i was ever with my current spouse. why do they want that information? can they do anything to her?