Legal Question in Credit and Debt Law in Florida
Notice of Deposition 3 years after Judgment
In 2003, I had a judgment entered by a credit card co in Broward County - I was at the hearing. Now, 3 years later, I have received a notice of deposition in Marion County asking for financial records. At the end of the notice it has a line ''this is a notice from a debt collector'' The notice has no court markings on it and is from an atty in Jacksonville. Am I required to attend this deposition? I thought (which is rather like assuming) that once the judgment was entered, they could not come back after me unless I came into some money. Is it possible to settle at this point?
1 Answer from Attorneys
Re: Notice of Deposition 3 years after Judgment
Do you live in Marion County now? If you do, the answer is yes, you are required to attend. Attorneys are officers of the court and can issue subpoenas for your attendance at a deposition. The fact the attorney is in Jacksonville is of no significance.
It's always possible to settle, however, you have to make an offer that is reasonable - what's reasonable will depend on the creditor, how much you owe, and what your circumstances are now and what your circumstances will likely be in the future. There is no requirement - none - for the creditor to accept one less dime than you owe. That's why your offer has to be reasonable. Also, settlements usually have to be paid in one lump sum, but that is not a hard and fast rule.
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