Legal Question in Credit and Debt Law in Florida

I received a Notice of Taking a Deposition from a junk debt buyer. I was sued back in 2009 and received a judgment. I am currently unemployed and take care of my disabled mother. What can I do to get these people off my back? Thanks Rose


Asked on 7/17/11, 10:07 pm

2 Answers from Attorneys

Raymond LaBella LaBella Law, P.L.

Unfortunately, it is the judgment creditor's right to take a deposition. The deposition is merely to ask you questions about your assets and ability to pay the debt. Since it is a collections deposition, the questions are pretty well set out by form. It will take about 20-30 minutes, excluding wait time. Wait time should not exceed 15 minutes.

There are reasons to be excused from a deposition, but they would be personal medical issues and such and 9 times out of 10 would only result in the deposition being re-scheduled. As far as permanent solutions to this problem, there are only a couple:

1 - attend

2 - pay the debt off

3 - make payment arrangements in exchange for being excused

4 - file for bankruptcy

Needless to say, you should consider these options carefully because ALL of them have CONSEQUENCES that are too involved to put in a simple online posting. For more information about your options, check out our website at www.LaBellaLaw.com

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Answered on 7/18/11, 5:34 am
Angelo Marino Angelo Marino Jr. PA

Consider the above, and also determine if they can really get anything from you. To do this, look at my discussion on garnishment on my web site, www.ConsumerLawyerHelp.com

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Answered on 7/18/11, 6:14 am


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