[Okapi]

My question involves collection proceedings in the State of: FL

Originally, and unknowingly to me, I had a default judgment against me brought on by the action of then plaintiff's (debt coll.) attorney, but I moved the court to set it aside due to lack of service. Which it did. So that judgment was set aside. At the same hearing, I also refused to negotiate with plaintiff's attorney, and asked for trial. The judge said ok, and he gave us an option that trial can be started by either party.

A few days ago I received notice (not subpoena, am unclear whether that's the same?) from plaintiff's attorney asking me to take a "deposition duces tecum in aid of execution" at their offices. In it they asked for three years of tax returns, bank statements, cancelled checks etc. and also a copy of my driver's license. Of course, they gave me like two days advance notice for that, which I naturally could not meet. The court docket entry also shows them filing it.

My questions:

1. Is notice and subpoena one and the same? Must subpoena come from the court, or can it came from the initiating party offices?

2. What is aid of execution referred to in the title of that notice? What exactly are they trying to execute?

3. Why would they need three years of tax returns and/or copy of my driver's license, when that has nothing to do whether I owned and/or used disputed credit card? In other words, what is reasonable and unreasonable to ask in a deposition of this kind?

4. Why would I need to produce these things when I am not found guilty?

5. Since thus far they have not put forward any evidence that what they claim is true (other than the affidavit of the collection agency employee), I would like to file a discovery notice for them to provide signed agreement, account history etc. Can I file that notice now, even though I haven't dealt with their notice yet?

6. I don't mind giving deposition, but I want to make sure that the order comes from court, and not from plaintiff's attorney. Also, I want to make sure that I don't divulge to them information that they really don't need here for this case. How do I go about making sure that?

Finally, according to my research, most lawyers seem to be interested in representing creditors, and not debtors. Where can I find good, relatively affordable local lawyers specializing in fighting overzealous collection agencies? If there are none, do any lawyers work on contingency basis in cases like this (or at least per action eg. responding to something, or asking for something), or is it always per hour?

Google search did not produce much. Florida bar page wasn't helpful; most lawyers listed there are specialized in something else.

Your timely responses are appreciated.

Many thanks.

[Mr. Knowitall]

If they don't have a judgment, consider calling them and telling them to back off. Perhaps they messed up and somebody sent the notice to you because they weren't aware that the judgment had been set aside.

If they have a judgment, they want to collect it and they're seeking discovery of your assets for that purpose. If you don't comply, they can try to take you back to court to get the information before a judge (plus seek sanctions for your noncompliance) or they may even be able to get a bench warrant for your arrest. If the problem is that you need more time to comply, consider giving them the information you have and then telling them when you expect to be able to provide any other requested information that you have not yet been able to obtain.

[Okapi]

The judgment was set aside, and it was properly recorded by the court.

We were stalemated at "either party can set the trial".

Now, I get this notice for "deposition duces tecum in aid of execution" from them? I mean, is that kosher/right/legal move on their part, or is that type of move valid only post-judgment? If it is wrong, how do I fight it, especially considering that the court docket entry shows it was filed with the clerk (why would they file it if it was illegal?)