Summoned for Deposition

[dcash10367]

What is the name of your state? Florida

I have been summoned to give a deposition for a car that was voluntarily repossesed (ex husband turned it into Ford) in 1995. I was never taken to court on this so there is not a judgment against me, but every couple years they serve me with papers to go and give my financial status to them. Can they still do this after 10 years with no judgement? Do I have to attend or can I send some sort of notice due to the SOL in Florida??

Thanks,
Deanna

 

[Debt Guy]

Deanna,

I am sorry to say that I really don't know the answer to your question - but 20 people have read your post and no one has responded.

You say you have been summoned to court. Do you mean that you received a summons? A summons is an official order to appear.

You say there is not a judgment against you. Are you sure? I did not think you could be ordered to appear for an asset hearing unless a judgment had been granted.

I recommend that you go down to the courthouse and ask to see the file. The file number will be on the summons. Look through the file and see if there is a judgment.

The judgment may be out of SOL but judgments can be renewed in most states so a creditor who is paying attention can keep them alive for a very long time.

If you have received a summons, you must appear. If you don't it is possible that the judge would issue a bench warrant and you could be arrested.

 

[dcash10367]

Yes, I was served an official summons by the local sheriff. It is not to appear in front of a judge though it is just to appear at the court reporters office to give my deposition of financial status. This will be my third time going in 10 years. There is not a judgement against me on this that I do know. My thing is can they keep doing this. It isn't even on my credit report anymore.

Thanks for any help.

 

[Debt Guy]

My guess is that they have a judgment. Again, I suggest you just go to the courthouse and find out.

Otherwise, do whatever they say and tell them whatever they want. Someday, they will get tired of it.

I presume you have no assets in your name. Otherwise, they would be trying to take them away from you.

 

[Ladynred]

I don't think there's any way they could keep dragging you in for an asset hearing if your name wasn't on the lawsuit. Was your name on the car loan ??

Judgments are good for 10 years and can be renewed, so you need to find out NOW what is filed at the courthouse.

 

[dcash10367]

Sorry everyone. After checking there is a judgement against me filed in 1997. I was never served so I am not sure how they got the judgment. Oh well, I guess I will just keep telling them the same thing I tell them everytime they do this.

 

[hbreen]

If you were never served, you can file for a motion to vacate, but after this long, I don't know how much luck you'll have, but it's worth a shot.

HBreen