Posted on December 25, 2018 in Civil Litigation
Q: Judgement is already made and reported. It is not from the courts to appear at a deposition of execution for a credit card. Do I have to appear? I am disabled and on a fixed income with SSI and Veterans pension only. is there a way to put my information in the courts so I am judgement proof? The lawyers made this look like it came from the courts. I always thought that a deposition had to be before a judgement was made not after. (Pittsburgh, PA)
A: After a judgment is taken, there are Civil Procedure rules that allow the Plaintiff to conduct discovery to determine if assets exist and where they are located. This is done, so the assets can be executed on, or seized. A deposition is one form of discovery, as are written interrogatories. A Notice of Deposition can be sent from an attorney’s office and does not need to be court ordered. If you don’t go to the deposition, the Plaintiff can get a court order requiring your attendance and may ask for counsel fees for doing so. Apparently, you did not have a lawyer to fight this judgment or you may not be in this situation. I advise consulting with one to see if you have options.