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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Subpoena Duces Tecum for Deposition in aid of Execution

Collections Law - Subpoena Duces Tecum for Deposition in aid of Execution

Expert: Regan Shinski - 10/25/2009

Question
Greetings, in 2004 I lost my job and subsequently had my car repossessed and I was of course left with the deficiency balance. Well, in 2008 I was served with a law suit from a collection agency as an assignee of the car dealer's finance company. Nevertheless, it went to mediation with an arbitrator and I decided to accept the judgment because I didn't and still don't have any way to pay for it at this time.

Last week, I received another summons to appear again for a deposition and asking for financial records including assets and or income.

My question is, I thought after the final judgement was issued that was it and how are they able to still collect since the judgement has been entered?

In addition, I got married in 2006 and was wondering in Florida are they able to lay claim to anything in my husband's name, especially since all of this happened before we even met? We don't own anything together.

Lastly, are there any defenses that could be used to have this stopped; I feel like I'm being harassed? I went through a really tough time back then and I'd just like for this all to be over with.

Answer
Renee:

I am guessing you received a judgement debtor's examination. This is a very serious issue. The judgement is the legal result of their winning in court. It is a court saying you legally owe the debt. What they are doing now is trying to COLLECT the debt. Bad things can happen if you don't respond or show probable cause why you didn't show up. This can include possible contempt of court charges or arrest warrants. Now that usually does NOT happen the first time you don't comply, but it can happen or lead to those things happening if you ignore it.

You may have options but I think you need legal advice. The options include making sure depositions are even allowed in this jurisdiction and making sure it was handled properly. Were you properly served? Were you given enough time? An attorney can advise you what or how to answer questions.

However, if it is legal, properly served, and you don't have assets to satisfy the judgement you probably should just answer them. This is a process to see what assets you have. Then they will try to collect those things that are allowed. If you have nothing, go and tell the truth. Don't bring a lot of money, drive your own car, or have jewelry on your person at the time of the hearing. A judge may actually confiscate them on site.

While married, assets obtained with joint funds, in both your names, or used for the good of the household are generally considered marital property and can be taken - with some restrictions - to satisfy a judgement. Things in your husbans's name alone or obtained before the marriage are likely his alone and not subject to this debt.

One possible option is to enter into a payment agreement before the hearing. This is risky because you are giving them information before the hearing. However, they are also primarily interested in getting their money, so some people have had success entering into an agreement for repayment in advance and getting the hearing canceled.

Another option is to file bankruptcy. This is a serious issue by itself and you need to do a bunch of research on it. In general, this should only be a last resort and assumes you have significant other debts.

Again, if you are in a really tight financial situation it may be best to just go and tell the truth. The judge may set very lenient repayment terms or even defer payments to a later time.

Good luck, I hope this helps.

Regan

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