Subpoena for deposition/cc debt

[skfla]

What is the name of your state? Florida. Reside in Pinellas County if that is any help (Clearwater, Tampa Bay area). To be brief and to the point....in debt due to extraordinary circumstances. So far only one credit card company has pursued seriously, Capital One. In June attorney filed a judgement without my knowledge on one of our credit cards. It was after the fact. Now I have been subpoenaed again, by the same attorney acting as the debt collector (as stated on the paperwork). I guess they do things differently these days, as someone from the attorney's office delivered the subpoena. I always thought someone from the court delivered supoenas. They want me to appear in their office for a deposition bringing financial records. I have put things off as usual and tomorrow is the date. I tried to call their office today and work out an agreement. No deal! They said I had to appear or I could be held in contempt. I told her I didn't think I could make it for I have 4 children and no sitter for them. She said I needed to be there. This debt is for approximately $2100.00 and the last payment I made was over a year ago. I have had no contact with the credit company or attorneys until today. Actually I tried the credit card company after talking to the attorney's office. but they had already charged it off and said they have nothing to do with it now. What are my rights? I am very naive about this, but could they really put me in jail for not showing up tomorrow? I am in desperate and urgent advice for help. I will check back in this evening after kids are to bed.

 

[JETX]

Your failure to handle this properly (or to take it seriously) is going to cost you dearly.

If you fail to show up on a subpoena, the party can request a motion for contempt from the court.... and they can issue a bench warrant against you. And yes, that means an ARREST warrant. In addition, the attorney can ask for (and get) sanctions against you in the amount of several hundred dollars for your failure to comply.

I strongly suggest you make an appearance at the deposition and answer their questions.

 

[skfla]

Can you possibly brief me to as what usually happens at this type of deposition. Will they accept a payment arrangement at this point. Or will they demand payment in full which I do not have? Like I said in my original post, extraordinary circumstances put us in a very difficult situation. I do not want to go into detail here, as I am not looking for sympathy. I was trying to avoid bankruptcy, would that be an option? Can judgements be part of a bankruptcy?

With the response you gave me, I am a bundle of nerves. I guess I will have to drag my 4 kids to the deposition with me. Do they have the ability to freeze my bank account? My husband and I do not earn wages. My husband is a contractor and earnings are reported on 1099's. I do some part-time work as well on a contract basis. Our tax returns show are AGI less than $12,000 and taxable income at zero(although we have to pay self-empoyment taxes). Gross income of course is much more but by the time we take all our deductions and expenses, it is obvious we are close to the poverty level. We live day to day, being self employed , and my health situation is not good.

Any more advice before my deposition this afternoon?

 

[JETX]

"They want me to appear in their office for a deposition bringing financial records. I have put things off as usual and tomorrow is the date. "

Q1) "Can you possibly brief me to as what usually happens at this type of deposition. Will they accept a payment arrangement at this point. Or will they demand payment in full which I do not have?"
A1) From your post, you have been hit with a subpoena duces tecum. This is a document asking you to appear at a designated place and time, and to bring specific documents with you. It will be a 'question/answer' session, under oath and recorded. The intent of this process is for the opposing side to obtain specific information about you and their case.... in this case, about your finances. Simply, they will ask you questions and you will answer. Though there could be negotiations for settlement, they will probably be informal and not directly a part of the deposition.

Q2) "Like I said in my original post, extraordinary circumstances put us in a very difficult situation. I do not want to go into detail here, as I am not looking for sympathy. I was trying to avoid bankruptcy, would that be an option?"
A2) Bankruptcy is certainly an option... and a threat that you might consider using. After all, if you file for bankruptcy, their debt could be discharged leaving them with nothing. However, bankruptcy filing is not something to be taken lightly and would require a complete and thorough review of your overall financial status.

Q3) "Can judgements be part of a bankruptcy?"
A3) Yes.

Q4) "With the response you gave me, I am a bundle of nerves. I guess I will have to drag my 4 kids to the deposition with me. Do they have the ability to freeze my bank account?"
A4) If warranted, they could ask the court to seize specific assets in order to preserve them, but it is very unlikely in your case (used only in cases with a risk of 'asset flight'). Any other attempts to freeze assets requires a court judgment.

Q5) "My husband and I do not earn wages. My husband is a contractor and earnings are reported on 1099's. I do some part-time work as well on a contract basis."
A5) Actually, those income sources hurt you. Florida is pretty liberal about exempting wages from garnishment, however, your paid as independent contractors and those incomes are not considered wages.

Q6) "Our tax returns show are AGI less than $12,000 and taxable income at zero(although we have to pay self-empoyment taxes). Gross income of course is much more but by the time we take all our deductions and expenses, it is obvious we are close to the poverty level."
A6) Ah, the key to your statement is AFTER expenses. You may have to get 2nd jobs or 'tighten the belt' in order to repay the creditor for their money that you used.

 

[Ladynred]

A note for depositions

I was coached a long time ago, when I worked for a consulting firm that did litigation support on how to get through a depostion.

The key is to answer the questions with the facts ONLY. Do not offer any information that they do not specifically ask for. Their questions are often meant to trick you into revealing information that they can use to their advantage. If they ask a question that requires a yes or no answer, just give your answer, don't elaborate ! Since they're asking about your income, expenses and debts just give them the numbers, etc.

Whatever you do, try not to babble on with excuses or irrelevant details. When you're nervous, as I would certainly be, we tend to say too much, this is NOT the time for that, so if you have to drive your nails into your palms to keep from talking too much, then do it.. LOL.

This is not being dishonest or sneaky or anything like that. This coaching was given to us by very good Washington DC lawyers, so they know what they're talking about. It came in very handy for me when I had to sue an emergency walk-in center and had to go thru a deposition.

"Just the facts m'am "... thats all you want to give them.

Good luck .. and don't settle for anything if its not in writing

 

[skfla]

I am getting ready to go to the deposition, after I pick up kids from school. I just want to thank you both for responding so quickly and honestly. All my questions were answered and I greatly appreciate every bit of information you have given me. This is a great site for people who really do not know where to turn. I am going to recommend it to anyoneand everyone who may need it. Thank you so much.