Is this legal or just a ploy to give them information? 6 Answers as of December 21, 2012I have a judgement against business and me that is now closed. I received a letter to appear in front of court commissioner with IFO on my current finances and did not appear due to health reasons. I received a letter today that if I don’t provide financial information to them within 10 days they will enforce a bench warrant from the court against me. I want to go bankrupt but do not even have money to file.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Be very careful until such time as your bankruptcy is filed. The court may issue a bench warrant if you do not comply with their order. Your bankruptcy attorney will explain what to do before and after your bankruptcy is filed. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answer Applies to: Arizona
Park Law Offices LLC | Kevin Parks
I'm not entirely sure what's going on here, but if you've got a judgment against you individually, the judgment creditor is likely attempting to enforce the judgment, typically by either garnishing or conducting a judgment debtor exam to obtain information regarding your assets. If such an exam is properly scheduled and you did not appear, a bench warrant indeed may be ordered by a judge and enforced, with a variety of potential consequences available depending on the circumstances. Regardless of the above, it's impossible to know whether the creditor's actions are "legal" in regards to their use of the necessary and proper procedures, but a judgment creditor does have the ability to legally obtain a judgment debtor's financial information, one way or another.
Answer Applies to: Oregon
Victor Varga | Victor Varga
Not a ploy and very legal. You failed to appear in court after being summoned, so you in essence disobeyed a court order. The next step is to file to find you in contempt of court. Best thing is to provide the requested information to avoid getting into trouble.
Answer Applies to: Maryland