Attorney Demanding My Personal Information

by Roe
(Orange County New York)

I would like to know if an Attorney who is collecting for a creditor has the right to ask you to send in all your personal financial information when you ask if you can make a payment arrangement. I live in New York the amount of the debt is a personal loan with Household Fin for $10.000.00

I was out of work for 6 months and could not pay, so they sent it to this attorney GIRVIN AND FERLAZZO PC out of Albany.

When I called the first thing the guy John said was that they will sue me and garnish my pay, and get a judgment. Would not work out something with me until he sees my pay stubs my bank account information and all my bills, I don't want them to have any of that, if I tell them I make x amount and this is what I can pay because these are the other things I have to pay also should that not be good enough?

At the bottom of the letter is the mimi miranda.

Comments for Attorney Demanding My Personal Information

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Jun 28, 2011
Attorneys Collecting Debts

Attorneys who regularly collect debts are required to follow the federal Fair Debt Collection Practices Act. It concerns us that this collector was threatening to garnish your wages, as that usually requires them to take you to court first and get a judgment. (We are not attorneys and this is not legal advice.)

A collector may ask for detailed personal information, but you are not obligated to provide it unless there is a judgment against you already and you are ordered to do so.

At the same time, this is a fairly substantial debt, and you could be at risk of being sued by the collector. (We have no idea whether they intend to do so or not.)

We'd suggest you do a few things:

1. Please read the first chapter of Debt Collection Answers online for free so you at least have a basic understanding of your rights when dealing with debt collectors.

2. Be sure to take notes whenever you talk with the collector. You can use our Free Debt Collection Worksheet for that purpose.

3. If you want to find out if the debt collectors threats are legal, talk with a consumer law attorney. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

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