Help advise please. Old civil judgment attorney doing a; Request of Records

[Anonymous]

Excuse me if I ramble too much. Just received a letter in the mail today from Discover Credit Card.  The letter is notifying me of a Request for Records from an old account from CapitalOne that own a Civil Judgment against me in Oct 2011, which stopped reporting on my credit report this July 2017. I've been calling around to at least 5 attorneys in my area, middle of the country, and I don't seem to be getting anywhere with them. Not sure what exactly to do. 

What I have done so far is have my husband pull all of the money we have out of our bank account. I have called Discover and they have extended an extra 10 days from the orginal letter, that Discover has sent to me, dated August 11, 2017. So now I have until the 31st of August before Discover shall respond to the request of the lawyer of CapitalOne. Also talking with the lady at Discover, she state she can not advise me of the law, however mentioned getting a "motion to quash". 

To be honest, I thought that the Judgement falling off last month, was the end of this. So this is a case out of California and I no longer live in California. So I have no way of getting to the courthouse on September 18, 2017, my husband is unemployed, I don't work, and we are down to our last dime. The only hope I have is that he gets an awesome phone call stating that he is being hired from the company he has been interviewing with for the last few months, yet in another state. 

So what in the world do I do to get myself out of this pickle....we have gone through almost all of our savings we have enough for one more months worth of rent then we are homeless with three children. Yes he is collecting unemployment and that's 978.00 every two weeks, but that's money I use to pay credit cards with that are mounting up slowly.

I have less then 9 days now before Discover  has to comply with the court orders. So where do I turn to?

[RobertEG]

Apparently the judgment creditor has now filed with a court requesting a writ that orders taking of property or garnishment of pay, and the Request for Records is via the court?

Do you have any indication of whether their request is based on a pending civil action?

As to the potential outcome, you need to consult an attorney regarding what of your current assets are legally attachable if they do obtain a writ of execution from the court.

That will depend upon the laws of the state of judgment court.

[Anonymous]

So I have known that this was on my credit report for a few years now, as a civil judgement, and never cared to do anything about it since I don't work and couldn't pay it off, nor do I have any assets. This last two years I have been working on repairing my credit slowly. Since it fell off July 2017, I thought I was in the clear. Funny though, they never served me papers to begin with. So now it looks like they are trying to gain any assets. I don't own anything, I don't work. I do share a bank account with my husband. Who now is unemployed for now, waiting for a final decision hopefully any day now. 

I think there is a writ, and the reason I know this is I tried one time looking at the court documents over the website of the court it was filed through. Also the Sheriff returned a statement saying they couldn't track any assets. Also our house in 2010 was foreclosed on so we went to live in a rental and they couldn't find me to serve me papers. Since then for the last 4 years to the day we have relocated to the middle of the USA, for my husbands job, and since has been let go. Judgement is out of California. 

The request of records look like it was filed with the court, I have not verified this with court. The information came today from a letter from Discover, with what looks like filed court papers, just without the court stamp from the clerk. 

Did I answer all of your questions, RobertEG?

Thank you for getting back to me.