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Subpoene duces tecum for deposition in aid of execution

Miami, FL |

live in florida, the only thing I own is my apartment (no mortgage), don have a car, my contents in my apartment are not worth any money, receiving ss disability benefits.

Can they do anything to my apartment?
only get $800 from ss
Should I give them copy of the deed of apartment?
Can't afford a lawyer do I have to attend the deposition?

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Attorney answers 2

Best Answer

Here is where a lot of judgment debtors get in trouble--they do not attend the deposition. That gives the creditor the right to seek to have the debtor held in contempt of court, which puts pressure on the debtor to make payment.

Instead, by showing up and giving truthful testimony, the debtor is in compliance with the subpoena.

Your apartment, condo, can not be taken as long as you live in it.
Your social security benefits can not be taken, even when in your bank account.

You ask about giving them a copy of the deed--if the subpoena asks you to bring it you are under an obligation to do so. If not, then you are not required to provide it.

This may be the situation where the creditor can not get anything from you, so this may be a good opportunity for you to let them know that you know that they can't take your apartment, etc..

The only reason that I can think of for you to have an attorney is to not let the creditor try to intimidate you or mislead you.

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


I agree with Mr. Lampert. It appears from your description that most, if not all, of your assets are exempt from judgment. This deposition is your oppurtunity to give truthful testimony to the judgment creditor putting them on notice that it can't get anything from you. If the judgment creditor later filed a garnishment knowing your assets are exempt then you may have a claim for violations of the state and federal Fair Debt Collections Practices Acts.

Based on the facts as I know them from your description, the worse thing you could do is not show up. The judgment creditor could then file for contempt of court sanctions putting pressure on you. They could also file a garnishment and tie up your exempt assets and blame it on you for not showing up.

I suggest that you bring nothing more than what the subpoena requests. This is essentially a fishing expedition and you are not obligated to bring things they do not request in the subpoena for nor obligated to answer questions they do not ask. In other words do not volunteer anything.

If you are concerned about being intimidated or there are assets you have not mentioned then you should consult a local attorney with experience in consumer law.

Please do not consider this legal advice. The information is only a useful gauge for future consideration or activity on your part. By my definition, legal advice can only be had through a thorough in-person consultation with me, which would involve a detailed question and answer session.