Subpoena for Oral Deposition as Aid to Enforcement of Execution

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Subpoena for Oral Deposition as Aid to Enforcement of Execution

Creditors have recently been sending Subpoenas to consumers that received default judgments. Midland Funding LLC has been known to do this. The first step is to understand what the subpoena is

Post Judgment Deposition

A Post Judgment Deposition is where you are forced to produce documents and testify about your assets and anything else the creditor wants to know. Your objections to the questions are limited because they have already obtained a judgment and they are entitled to know about your assets to they can attempt to collect on the judgment.

Can I Ignore the Notice?

No. If you ignore the notice the creditor will likely file a motion to compel or worse, a motion for contempt due to your failure to appear at the deposition. If the Court holds you in contempt you can actually be arrested to appear in front of the judge to explain why you are not complying with Court orders. This is called a writ of attachment.

What Should I do?

Appearing at a deposition without the assistance of an attorney is not recommended. You need someone to help you through the process. We have handled thousands of judgments for debt and we can possibly get the entire deposition cancelled so you do not have to appear depending on your circumstances.