Legal Question in Credit and Debt Law in Florida

Civil Subpoena Deposition, No Show

A friend of mine had a lawsuit filed against her last year from a third-party company who purchased the right to collect on her supposed debt.

She never responded to it and now, almost a year later, she just received a subpoena for a deposition where she was been told to bring in bank statements and all kinds of other info to some

office building, not an actual court.

From doing a little research online, it appears that if she decides not to show up, she could be found in contempt of court and subject to a fine.

The question is: what type of penalty or fine is typical in a civil matter like this if she doesn't appear?


Asked on 8/29/07, 12:04 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Civil Subpoena Deposition, No Show

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You are correct that if she fails to show up, she can be held in contempt of court. The Plaintiff will then be able to file a Motion for a Rule to Show Cause which basically would force your friend to come to court and explain why she failed to attend the deposition. The next step is a contempt order by the court and possible penalties including fines, impostion of court costs and/or attorney's fees or as "bad" as incarceration if she continues to show contempt for the court.

Scott R. Jay, Esq.

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Answered on 8/30/07, 11:07 pm


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