Legal Question in Civil Litigation in Florida
How I prepare for a Deposition if I am the Judge Debtor
I am the Judge Debtor in a Judgment and I Received a Subponea for taking a Deposition from a collection Lawyer, the Lawyer represents the interest of the judge Creditor.
2 Answers from Attorneys
Re: How I prepare for a Deposition if I am the Judge Debtor
If you don't appear they can seek a contempt order and have you arrested. If you have assets that can be used to enforce the judgment why don't you call the lawyer for the creditor and try to settle? If you have nothing don't worry about it. Just tell them the truth at the deposition. Good luck.
Re: How I prepare for a Deposition if I am the Judge Debtor
You have provided us with a statement, not a question, but I think I know what you may be trying to learn. If you have assets (cash, cars, securities, bonds, insurance policies with cash value, retirement accounts, etc.) that are worth protecting, you should seek the advice of an asset protection lawyer. If you have no assets, then you don't have much to worry about. If you fail to appear at the deposition, you may be found in contempt and may be compelled by the court to appear or possibly risk being arrested for purposes of taking your deposition. When your deposition is taken, you must tell the truth and you must disclose all information regarding your assets. You do not have to disclose any communication between you and your lawyer(s). If you own a home in Florida which is your homestead, you should not be terribly concerned as homestead property is exempt from the claims of creditors, except a creditor like a bank that may have a mortgage on your home (see Supreme Court case entitled Habaco Oil). Seek the advice of counsel and good luck.