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  1. #1
    Join Date
    Jun 2006
    Posts
    3

    Unhappy Subpoena duces tecum for a deposition in Florida

    Today, my husband received a subpoena from the county court with a case number, Collection agency vs my husband. It says he is required to bring income tax returns including W-2 forms and 1099's, cancelled checks, checkbooks, and account statements for all checking, savings, and money market accounts, etc, books, records, and/or documents of real or personal property,financial statements, stock certificates, litigation or settlement documents for the last 12 months, all unsatisfied judgements entered in your favor or against you for the last 20 years, bills of sale or evidence of personal or real property purchasedor sold during the last 12 months, as well as pay stubs. We have kept our finances separate. He had a small business but now has closed the business. We have separate accounts for just about everything. We do own our home and do our income tax returns jointly. I have been the main breadwinner for our household and have been responsible for paying monthly mortgage, utility, medical, and my own personal credit card bills. I financed the mortgage for our home in just my name even though the house is in both our names.

    I want to know if I am going to responsible for his debt. What will happen if he chooses not to show up for the subpoena. This is not the first time he has ignored collection notices.

    If he does go, I feel my privacy is going to be invaded if he brings tax returns and other property that we share jointly. Does he have to bring these things? What if does not have some of these papers? Can I black out my name and personal information on the tax returns, if he does have to bring them? Please help

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Subpoena duces tecum for a deposition in Florida

    If he was the only person on the credit card, and the only person named in the legal action, they should be going after his assets to satisfy their judgment.

    This sounds like a post-judgment hearing to determine his assets for purposes of collection. If that's the case and he doesn't show up, they will likely request (and get) a bench warrant for his arrest.

    He has been subpoenaed to bring the materials on the subpoena. Not with parts blacked out, either. If he thinks it is too broad he can raise that argument to the judge.

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