I had (have) a debt to MBNA that I kept paying on until 1998. The debt was handed over to several collection agencies and finally landed with a collection attorney (Cohen & Slamowitz). Four years ago I received a notice that they (C & S) had obtained a judgement to freeze my checking account. The "freeze"came off a year later. Last week I sent them a letter saying that the SOL on this debt was August 1998. Today I received by regular mail, an INFORMATION SUBPOENA, referring back to the the orginal restraining notice of 2000 asking me for info about my posessions, etc. Do I have to respond to this or does the SOL exempt me?
In order to have a valid Information Subpoena, they have to have a Judgment first. If they have a Judgment then you can forget the SOL argument. I would contact the Court where they supposedly sued you and find out if there is, in fact, a Judgment against you. If the Information Subpoena is valid, and you refuse to answer they can ask a Judge to order you to answer and if you don't then the Judge can punish you for Contempt of Court (which can mean some jail time).
If they obtained a judgment it is probably good for many years. Just because the freeze came off of your bank account doesn't mean that the judgment has been avoided. Once they have obtained a judgment, the usual SOL no longer applies. If you don't answer their subpoena, you may be summonsed to appear in court and answer it there under oath.
