I received a letter after two years to appear for a credit card deposition. I do not have any income & take care of an elderly parent. What are my rights? What do I do to have these people know that I cannot leave for a deposition & I do not have an income.
Any time you receive a notice to take deposition, you should either appear or contact the attorney to reschedule. They are entitled to use the civil rules to discover information.
If you are truly destitute, see if there is a legal aid office in your county and if they can assist you.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
You have a legal obligation to answer questions relating to your finances honesty and candidly. You have a right to keep your mouth shut about your personal problems and to limit your answers to questions of a financial nature. Most judgment creditor attorneys are only interested in finding out where you work, where your bank accounts are, and what other property you own. Don't waste your time or theirs with explanations of why you don't work because it isn't relevant. Hope this perspective helps!
In order to be excused from the deposition you will either have to get permission from the Plaintiff's attorney or file a motion for a protective order with the court. The attorney may permit you to substitute a written asset disclosure for the deposition.
Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.
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