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Am I Required to Appear at a Deposition After Not Paying a Judgment Against Me?

Am I Required to Appear at a Deposition After Not Paying a Judgment Against Me?

Q: Can my mother refuse to answer questions during the deposition?

Your mother can refuse to answer questions that are irrelevant or overly broad. If she feels uncomfortable with certain questions, she may request a protective order from the court. However, she should be prepared to answer questions related to her financial situation and ability to pay the judgment.

Q: What is a Fact Information Sheet?

A Fact Information Sheet is a legal document used by creditors to gather information about a debtor's financial status. It typically asks for details about income, assets, and expenses. Your mother is required to complete and return this sheet as part of the collection process.

Q: What does it mean to be judgment proof?

Being judgment proof means that a debtor has no assets or income that can be seized to satisfy a judgment. If your mother has no salary or assets, she may be considered judgment proof, which means creditors cannot force her to pay the judgment.

Q: Can my mother ask for a protective order regarding the deposition?

Yes, your mother can request a protective order from the court if she believes the deposition questions are too broad or invasive. This legal request seeks to limit the scope of questioning to protect her rights and privacy.

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: 04/07/2025
State: Florida

Answer:

When a court judgment is obtained the winning party is called a judgment creditor and the party ordered to pay is called the judgment debtor. If the judgment remains unpaid, it is possible to conduct an examination of the judgment debtor to determine what assets exist in order to place a lien against assets that may be sold to satisfy the judgment. Wages and other income may also be levied upon.

When a person receives a subpoena for a deposition, the person may be held in contempt of court for failure to appear. If the time is inconvenient, it is possible to call the attorney to reschedule. If the scope of the examination is overly broad, it may be possible to make a motion to the court for a protective order. However, the scope of the examination may ask any questions relevant to the ability to collect the judgment. If your mother has no assets or income, she may be judgment proof, meaning unable to collect payment from.

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.

FAQs

What happens if my mother doesn't show up for the deposition?

If your mother fails to appear for the deposition, she may face contempt of court charges. This could lead to legal penalties, including fines or other enforcement actions. It's important for her to attend or contact the attorney to reschedule if the date is inconvenient.