Legal Question in Credit and Debt Law in Florida
got a letter in the mail to take a deposition of execution for a debt. do i have to go to this. i have not worked for 2 years and nothing is in my name,,. home and cars are in my husbands.
3 Answers from Attorneys
Hello--If Plaintiff got a judgment against you, they can take your deposition. As you are probably aware, they are trying to ascertain if you have any assets they can levy or income they can garnish. If you go, be truthful, but don't talk a lot--don't volunteer info.-don't wear nice jewelry.
You should research Fla law on exempt property. As an overview, an individual can keep $1000 exempt from creditors ($2000 for married couple)--you have $1000 exempt in a car's equity--your home is exempt up to an amount over $100,000.
If you have a lot of assets and income, and the judgment is a lot (won't be satisfied for a long time) you have the remedy of bankruptcy...which should wipe out the judgment...and instantly stop any collection activity.
Hope this helps. Tom Rosenblum
Yes, you have to go. Tell the truth. Don't have an attitude, it won't help and will prolong the deposition.
Sadly you do have to allow the deposition. Keep your answers very short - yes, no, I don't recall. Remember the last one "I don't recall" because in the future, if you do recall it won't go against you. I suggest you take an attorney.