Duces Tecum/Notice To Take Oral Deposition

[ltr]

What is the name of your state? NY

I received the Duces Tecum and the Notice for oral deposition the day before yesterday. It is from a lawyer that I hired to do my divorce about 9 years ago. He filed a judgment after I paid his bill of $5000 and he later sent me a bill for $2000 more. We argued about this because a local lawyer told me it was a $150 divorce (my ex-husband went to prison within a month of our marriage and I just wanted out quickly). I don't think I have any options, but to eventually pay this bill, but I feel very threatened by this lawyer, who screamed and yelled with spit flying at me. He hired another lawyer to take the deposition and so, no lawyers will take my case. My question is, do I have to obey what this lawyer orders me to do? He is the only one who signed the subpoena. What will happen if I don't go? Do I really have to let him have all my personal business? I feel so invaded. I just graduated from college last week, so I am still unemployed and my home is in another family member's name, though he knows it is mine. I am single with 3 young children at home. I have also been recently very sick and am having a muscle biopsy for clarification of my illness on 6/6. The deposition date is 5/30. Sorry if I gave to much information, but I just want you to understand. And I thank you for any help you can give me.

[Ladynred]

do I have to obey what this lawyer orders me to do?

The LAWYER, by himself, cannot ORDER you to do anything. Unfortunately, he has NYS law on his side.

Under NYS law, as the attorney of record in the case, he can issue the Deuces Tecum subpoena:

§ 2302. Authority to issue. (a) Without court order. Subpoenas may be
issued without a court order by the clerk of the court, a judge where
there is no clerk, the attorney general, an attorney of record for a
party to an action, an administrative proceeding or an arbitration, an
arbitrator, a referee, or any member of a board, commission or committee
authorized by law to hear, try or determine a matter or to do any other
act, in an official capacity, in relation to which proof may be taken or
the attendance of a person as a witness may be required;

What will happen if I don't go?

Assuming this is a debtor's exam, you could be charged with contempt and arrested.

Do I really have to let him have all my personal business?

If this is a court-ordered debtor's exam, yes, unfortunately.

§ 2305. Attendance required pursuant to subpoena; possession of books,
records, documents or papers. (a) When person required to attend. A
subpoena may provide that the person subpoenaed shall appear on the date
stated and any recessed or adjourned date of the trial, hearing or
examination.

2. Any person may comply with a subpoena duces tecum for a trial,
hearing or examination by having the requisite books, documents or
things produced by a person able to identify them and testify respecting
their origin, purpose and custody.

§ 2308. Disobedience of subpoena. (b) Non-judicial. (1) Unless otherwise provided, if a person fails to comply with a subpoena which is not returnable in a court, the issuer or
the person on whose behalf the subpoena was issued may move in the supreme court to compel compliance. If the court finds that the subpoena was authorized, it shall order compliance and may impose costs not exceeding fifty dollars. A subpoenaed person shall also be liable to the person on whose behalf the subpoena was issued for a penalty not exceeding fifty dollars and damages sustained by reason of the failure
to comply. A court may issue a warrant directing a sheriff to bring the witness before the person or body requiring his appearance. If a person so subpoenaed attends or is brought before such person or body, but refuses without reasonable cause to be examined, or to answer a legal and pertinent question, or to produce a book, paper or other thing which he was directed to produce by the subpoena, or to subscribe his
deposition after it has been correctly reduced to writing, the court, upon proof by affidavit, may issue a warrant directed to the sheriff of the county where the person is, committing him to jail, there to remain until he submits to do the act which he was so required to do or is discharged according to law.

This is NOT something you want to blow off !

[ltr]

Thanks for your help. I am just having a hard time figuring out why every bill collector doesn't do this and how this jerk is getting away with it.

[Ladynred]

Not every bill collector will get a judgment, and this lawyer is 'getting away with it' BECAUSE he sued you and won a judgment against you. The law allows for this type of thing to enforce payment of a judgment. If it weren't for the judgment, what he's doing would not be possible.

[ltr]

yea, then......I understand the jerk got a judgment. Not sure how he sleeps at night, but I guess they can't get blood from a stone!

[debtcollector`]

Originally Posted by ltr

I guess they can't get blood from a stone!

That depends entirely on how hard you squeeze the stone.

[ltr]

Luckily, that's where the law has protected me. He won't get a thing, at least now now.

[seniorjudge]

Originally Posted by ltr

Thanks for your help. I am just having a hard time figuring out why every bill collector doesn't do this and how this jerk is getting away with it.

And you hired this jerk to work for you.

But you never paid.

[Ladynred]

Well.. he may not get anything, but you still have to show up for the deposition/debtor's exam.
Unfortunately, he's not likely to give up, NY judgments are good for 20 years.

[ltr]

SENIOR JUDGE - You need to read my original post. I certainly did pay him, $6000 for a $150 divorce (Another attorney reviewed it and laughed). Then months after payment he billed me another $2000 for taking phone calls (he said). So, please, don't try to make me look bad.

I did go to the deposition and he was sooooo angry that there was no money that he threatened to go to city court and file contempt charges against me for not telling him what college I graduated from. I told him all he had to do was explain to me how that would help him collect, but he had no answer. Then I told him that I didn't want him to try and embarrass me at the college I went to, so if he could explain why he needed to know it, but he just threatened contempt of court. In fact, he said he was on his way to do it immediately. Just ticked I didn't have money that he must have heard was there. Don't know why he all of a sudden chose this route, but it was a bad time for him because there is nowhere for him to take money. So, now I will have to answer to contempt for not giving my college name. Still won't get him any money, he is just being vindictive.