Full question:
Florida, My mother is a minister, she living off of donation of our bible school, she has no salary, no assets. HSBC obtained a judgement for a credit card last year. A request was sent to her by mail for deposition upon oral exam. Does she have to appear? The collection attorneys also sent a Fact Information Sheet. What options does she have?
- Category: Debts and Credit
- Date:
- State: Florida
Answer:
When a court issues a judgment, the winning party is the judgment creditor, and the losing party is the judgment debtor. If the judgment is unpaid, the creditor can examine the debtor to find out about any assets that could be used to satisfy the judgment. This may include income and wages.
If your mother receives a subpoena for a deposition, she is generally required to appear. Failing to do so may result in contempt of court. If the scheduled time is not convenient, she can contact the attorney to request a reschedule. If the deposition's scope seems too broad, she can ask the court for a protective order. However, the questions will likely focus on her ability to pay the judgment.
If your mother has no assets or income, she may be considered judgment proof, meaning she cannot be forced to pay the judgment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.