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  1. #1
    Join Date
    Jul 2007
    Posts
    2

    Default Subpoena Duces Tecum For A Deposition

    I received the documents from a county sheriff titled "Subpoena Duces for Deposition", stating that I have to bring a list of documents such as tax returns for 2 years, bank statements, property and belongings, etc. It gives me a date, time and location to appear. The address is the collection agency's that has taken over the account. It states that if I do not appear I can be held for contempt of court. I know I owe the money but can't afford it right now nor the $500.00 monthly minimum due that the collection agency wanted me to agree to.
    My main three questions are:
    Is this the procedure for a credit card Judgement in FL???
    Does this mean that a Judge would be present also?
    What's the worst outcome that can happen with this???

    (i'm only 21,so i'm clueless on this matter, any advise is greatly appreciated)

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: subpoena duces for deposition

    Quote Quoting deedee3
    View Post
    I received the documents from a county sheriff titled "Subpoena Duces for Deposition", stating that I have to bring a list of documents such as tax returns for 2 years, bank statements, property and belongings, etc. It gives me a date, time and location to appear. The address is the collection agency's that has taken over the account. It states that if I do not appear I can be held for contempt of court. I know I owe the money but can't afford it right now nor the $500.00 monthly minimum due that the collection agency wanted me to agree to.
    My main three questions are:
    Is this the procedure for a credit card Judgement in FL???
    Does this mean that a Judge would be present also?
    What's the worst outcome that can happen with this???

    (i'm only 21,so i'm clueless on this matter, any advise is greatly appreciated)
    A subpeona duces tecum for deposition is to take your testimony and ask you questions about your records.

    A judge will not be present for the deposition, only their attorney(s). You might consider hiring an attorney to be with you to explain you legal rights during the deposition and protect you from answering questions that might not be helpful to your defense.

    You are required to bring all the documents you possess, and/or have in your control as listed for the time period specified with you to the address on the subpeona.

    Otherwise, you will be in contempt and subject to a fine.

    The outcome of their findings will become the basis for their lawsuit against you. The reason they are deposing you is because you may have not been responsive when they attempted to contact you.

    If you cannot afford an attorney, you might contact your local bar association and ask if you might be a candidate for legal aid.

  3. #3
    Join Date
    Jul 2007
    Posts
    2

    Default Re: Subpoena Duces Tecum For A Deposition

    So is it better to make sure I don't give them too much information? For example, I had to get a car 2 months ago in order to get to and from work. Since I didn't have enough money to buy one in cash I was able to put a $2000.00 down payment and finance the rest. (that was out of luck bc my credit score is like a 400). The subpoena states to list vehichle titles in my name. Since I am financing the car, it is still not mine. I won't get the title until it is fully paid, am I supposed to list this vehichle??? And can they take it away from me???

    I can't afford an attorney so I will definately look into the legal aid.
    By the way, Thank you very much for the information.

  4. #4
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,094

    Default Re: Subpoena Duces Tecum For A Deposition

    Quote Quoting deedee3
    View Post
    So is it better to make sure I don't give them too much information? For example, I had to get a car 2 months ago in order to get to and from work. Since I didn't have enough money to buy one in cash I was able to put a $2000.00 down payment and finance the rest. (that was out of luck bc my credit score is like a 400). The subpoena states to list vehichle titles in my name. Since I am financing the car, it is still not mine. I won't get the title until it is fully paid, am I supposed to list this vehichle??? And can they take it away from me???

    I can't afford an attorney so I will definately look into the legal aid.
    By the way, Thank you very much for the information.
    The car belongs to whomever has the title. Answer their questions carefully and provide only what they ask. Provide only those documents they request. You do not have to obtain records for the deposition if you don't have them.

    Be aware of what the documents contain and be prepared to answer any questions asked about what is listed on them.

  5. #5
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Subpoena Duces Tecum For A Deposition

    the car should be titled in your name with a lien by the financer. most of the time, the financer maintains physical possession of the title until the lien is satisfied, but it is in your name, and should be listed as such. it's your car, not the banks.

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