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Author Topic: Notice of Deposition for a Judgement  (Read 2544 times)
tdx27
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« on: December 14, 2007, 01:30:38 PM »

I had a car repossessed a few years ago. Recently, a judge awarded the collection agency for the car maker a judgement against me for the amount owed.

I filed a head of household and a notice of homestead to the court and I told the court that my bank account was used for my household as I am taking care of my disabled wife.

Now, I recieved a notice to appear at a court reporter for them to take a deposition. They want me to bring 3 months bank statements and cancelled checks, stocks or bond ownership, most recent W-2, most recent pay stub, copy of motor vehicle registration and title and a copy of the deed to my house.

Can they ask for this information? Since I filed the notice of homestead, etc. they can not garnish my wages or my bank account per Florida Statutes.

I have every intention of telling them I can not make it on the date they are asking me to show up. They did not coordinate this date with me and I can not attend. The way I see it, they need to coordinate the date with me.

Also, why to collection agencies and attorney's feel that they can just mail something to you and say that you recieved it? The postal service is only running at 80 to 90 percent accurate, yet they don't have to verify you recieved what they sent. That is just a pet pieve I have encountered during the reposession. If they say they mailed it, that is as good as gold even if you never recieved it. But, it doesn't work the other way around.

Thanks in advance for any advice!
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rubyruby27
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« Reply #1 on: December 18, 2007, 10:15:23 AM »

For the time being I would go to www.infinitecredit.com for help.  

Most of us have other pressing needs and can't give you help as fast as you may need it.

Good luck
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fraudfighter
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« Reply #2 on: December 18, 2007, 11:39:20 AM »

Quote from: "tdx27"
I had a car repossessed a few years ago. Recently, a judge awarded the collection agency for the car maker a judgement against me for the amount owed.

I filed a head of household and a notice of homestead to the court and I told the court that my bank account was used for my household as I am taking care of my disabled wife.

Now, I recieved a notice to appear at a court reporter for them to take a deposition. They want me to bring 3 months bank statements and cancelled checks, stocks or bond ownership, most recent W-2, most recent pay stub, copy of motor vehicle registration and title and a copy of the deed to my house.

Can they ask for this information? Since I filed the notice of homestead, etc. they can not garnish my wages or my bank account per Florida Statutes.

I have every intention of telling them I can not make it on the date they are asking me to show up. They did not coordinate this date with me and I can not attend. The way I see it, they need to coordinate the date with me.

Also, why to collection agencies and attorney's feel that they can just mail something to you and say that you recieved it? The postal service is only running at 80 to 90 percent accurate, yet they don't have to verify you recieved what they sent. That is just a pet pieve I have encountered during the reposession. If they say they mailed it, that is as good as gold even if you never recieved it. But, it doesn't work the other way around.

Thanks in advance for any advice!


They can file a writ of garnishment regardless of whether you have exemptions to garnishment. The law requires you to file an exeption claim after receipt of the notice of the garnishment. Then there is a hearing on your exemption if they file a timely objection to your exemption claim. The judge decides whether you have a valid exemption claim. You have the burden of proof to prove your claim of exemption at the hearing.

The law assumes that an affidavit of service by mail is sufficient to prove service.


They want to get you under oath and depose you on your assets.
Your assets become important since you apparently have the head of family exemption to garnishment and the homestead property exemption to judgment lien attachment.

You can object to any inquiry on bank records or homestead property since you have state exemptions of head of family and homestead.

Cars, stocks, etc. are unprotected assets that they can execute on.
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