It's finally happened...

[IBroke]

Let me try to fully understand this, since I have never heard of this before.

A law firm for Chase sued you and got a judgment against you. They "monitor your credit"? And if you apply for credit someplace they subpoena your application from the place you applied for credit? Is this what you are saying? How often does this happen? And for how long will this continue?

This is EXACTLY what I'm saying.

The law office is Jeff J. Ricke and is located in Jacksonville, FL.
I assume they must monitor my credit. This is the only way they can tell I obtained new credit.

Before they called me in, I financed a 10 year old car from a "buy here, pay here"-lot that reports to 2 of the 3 credit-bureaus. When I was sitting at the local attorney's office, they provided me with a copy of my credit-application and asked if the signature was mine. They even received this application although my mother co-signed and the application also shows all her personal information which is very bad, IMO.

They use these applications to compare the information about my income I provide to them at the hearing to the information I provided to the creditors.

So far, it happened twice (or in otherwords, every time I got new credit). I will try to post that NOTICE they sent to my credit union so you can see for yourself.

How long will it continue? I have no idea.

EDIT: Here are the links to the documents:

http://img188.imageshack.us/img188/8113/chase1x.jpg

http://img39.imageshack.us/img39/705/chase2.jpg

http://img188.imageshack.us/img188/3233/chase3.jpg

I guess you understand now why I consider them to be a true pain in the...

[67caprice427]

Whoa! I'm a newbie here (been lurking since Mar 08, studied chpt 7 books 'til 10/08, filed pro-se, discharged 02/09 case to be finally closed 08/09 after disbursement of funds by tt, mostly to irs, very little to cc ( I had a LOT of stuff-hmmm, that might have been what sunk my boat? you think! ) I'm very familiar with that law firm. Almost 20 years ago( and I still have all the paperwork), these guys garnished wages under the guise of child support. I DON'T HAVE ANY CHILDREN, never did and still don't. I didn't even realize what they had done until the money was lost, post judgement. I was dumd enough then to actually let them continue doing it until I quit the job. I ended up paying the oc and the entire account was deleted from my credit file. I don't remember was it b/c of the 7 yr sol. or b/c I paid it off.

[IBroke]

Fortunately (in this case), I have no assets or income, so their actions are just annoying. I told them CLEARLY and IN PERSON that there is nothing to collect but if they keep on wasting money with these stupid actions...their problem.

[2Bshinyandnew]

This is EXACTLY what I'm saying.

The law office is Jeff J. Ricke and is located in Jacksonville, FL.
I assume they must monitor my credit. This is the only way they can tell I obtained new credit.

Before they called me in, I financed a 10 year old car from a "buy here, pay here"-lot that reports to 2 of the 3 credit-bureaus. When I was sitting at the local attorney's office, they provided me with a copy of my credit-application and asked if the signature was mine. They even received this application although my mother co-signed and the application also shows all her personal information which is very bad, IMO.

They use these applications to compare the information about my income I provide to them at the hearing to the information I provided to the creditors.

So far, it happened twice (or in otherwords, every time I got new credit). I will try to post that NOTICE they sent to my credit union so you can see for yourself.

How long will it continue? I have no idea.

EDIT: Here are the links to the documents:

http://img188.imageshack.us/img188/8113/chase1x.jpg

http://img39.imageshack.us/img39/705/chase2.jpg

http://img188.imageshack.us/img188/3233/chase3.jpg

I guess you understand now why I consider them to be a true pain in the...

You can object. It may be too late though. You had 10 days from the date of the motice (15 if mailed) for any party to object. Call the clerk, make sure you don't sound like you are looking for legal advise, but rather procedural help and ask some questions.

[IBroke]

You can object. It may be too late though. You had 10 days from the date of the motice (15 if mailed) for any party to object. Call the clerk, make sure you don't sound like you are looking for legal advise, but rather procedural help and ask some questions.

I'm not sure if I can object - I only received a notice but the subpoena was sent to my credit-union. They could object - not me.

[IBroke]

So now tell me, have you been served a summons to appear each time they call you in? Or do they just call and say stop by the office? They don't get to keep conducting debtors exams over and over on a whim. And if they are not serving you with a debtors exam summon (or any summon) you have no obligation to show up. Have you even talked to another attorney about what is happening to you. For some reason (unless this is some state specific law I never heard of and FL is pretty easy on debtors) there is something really wrong here.

So in FL it appears an attorney can issue a subpoena without a judge signing off on it. But at some point this has to become an abuse.

Not that is matters, but what hearing do you go to originally? Did you have a debtors exam? I can't see them spending money on this if you have nothing.

I think I would spend a few $$ and talk to an attorney and see if you can put an end to this. I mean based on what is happening they in theory could do this for the life of the judgment and it appears as often as they want. But at some point this has to an abuse of the attorneys powers when they know you don't have anything.

Do you get a notice each time the send one out? I wonder if you can raise an objection. See the problem here is no one (no court) is aware of what is happening since the attorney can send these out and if you fail to comply then you get in trouble. But using subpoenas as a way to keep tabs on a debtor seems like an abuse of power by the attorney. JMHO.

I sure would like to know more about this, maybe HMM can chime in on this practice.

My original (and so far only) hearing was the debtors exam.

So far, I only received one summons to show up and that was after they got the application for my auto-loan. It is very likely they would have called me in even without that loan just to gather information about my financial situation. You should have seen the list of requested documents - I think they requested 25 different things (from checking-account statements to my personal cell-phone bills).

So far, I haven't talked to an attorney because I know they can't do much due to my financial situation (which is the reason I can't afford an attorney in the first place).

And yes, I get a notice each time they sent it out. So at least I'm aware of the fact that they contact my other (new) creditors.

[OhioFiler]

It appears to me these are merely un-filed motions and they hope to fool people into giving them information without having actually filed the motion and received an order from the court.

If this is the case I'd be all over my credit union for disclosing private information without court order.

[2Bshinyandnew]

The 2nd page of the subpoena duces tecum is not stamped with the clerks stamp. If it was filed with the court you should have received a copy that was stamped with the clerks watermark. If you have an attorney of record, they would have received the stamped copy.

I would go to your county clerks website and do a search and see what comes up. You have the case #. If these notices and subpoena duces tecums are filed with the court it should be recorded there.

Here is a link:

http://www.pinellasclerk.org/aspInclude2/ASPInclude.asp?pageName=index.htm

click on search records .

[catleg]

Here in NJ you can only be subject to a debtors exam (information subpoena) once every 6 months. And as far as serving information subpoenas on third parties, it's only allowed for banks, as far as I know. Did you credit union roll over and send them what they wanted or did they fight in any way?

I think I would definitely try to get some mileage out of poor hapless debtor being harassed by ruthless Chase Bank. This seems like outrageous behavior, as BB says, where does it end?

[All Cash]

LOL I see what you mean, luckily I don't believe PA is a community property state so at least I got that going for me.... and I will look for bigboy's posts as well. Thanks

Pennsylvania is not a community property state. It's an equitable distribution state. Under the law, all property acquired during marriage, regardless of whose name it is in, is part of the marital estate and is subject to equitable distribution upon divorce. The court looks at several factors to determine a fair and equitable division of assets.

http://wiki.answers.com/Q/Is_Pa_a_community_property_state

[floridian]

ricke just wrote me a collection notice and i replied with my lawyers name and phone number... this doesnt sound good...