Legal Question in Civil Litigation in Florida

My son signed a contract to purchase a property and defaulted on the purchase. The individual he signed the contract with is suing me and has sent me a motion compelling me to be deposed in NJ. I live in florida and haven't seen my son in years and was not a party to my sons doings in NJ. Do I have to travel to NJ for this since I was not involved in anyway to his activities?


Asked on 3/31/10, 10:58 am

3 Answers from Attorneys

Tami Diebel The Plaintiffs Law Firm

You are not required to travel to New Jersey. You should have been contacted prior to having your deposition set. I do suggest that you contact the attorney who subpoenaed you and advise that you do not have the funds to travel to NJ and that you are therefore unavailable to attend the deposition. Was there ever a subpoena served upon you? I'm not sure how a Motion to Compel could be served on you without a subpoena being served. You could draft a letter to the counsel in NJ requesting your deposition advising of where you live and requesting that they coordinate a time and date with you as well as a location within your Florida County of residence. I'm not sure to what extent you are involved in this litigation or why or how they have your name and address. Do you live here part time? or full time? If you have any type of NJ address that you maintain, my advice here may be mis-placed. I would need more information to fully address your issues.

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Answered on 4/05/10, 11:23 am
Lesly Longa Longa Law P.A.

No, but you should contact an attorney licensed in New Jersey to assist you with this. Regards,

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Answered on 4/05/10, 1:18 pm
David Slater David P. Slater, Esq.

Why were you a named party? Were you served with a summons and complaint in the NJ action? Have you filed answer to the complaint? Did you default? Do you have NJ counsel representing you? Without this information no one can answer properly.

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Answered on 4/05/10, 2:34 pm


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