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Collections Law/Subpoenaed to for deposition on a collections account

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Expert: Creditwrench - 4/6/2010


Question
I was served a Subpoena to appear for Deposition to find out about my financial situation about a week ago. This is for a Judgement that went into default about a year ago. It is over a vacuum cleaner, that was purchased when I was married. When I got divorced almost 6 years ago, the payments and the vacuum cleaner sort were forgotten about. My exwife was paying monthly on this to the lawyer in Jacksonville Fl, and and for some reason quit paying. So now I was served to appear next week on April 14th at the Lee County Courthouse in Ft Myers Fl. I am retired Navy and currently unemployed. I think my question is ...
Can they garnish my retirement check to satisfy this debt  and
I own my car, can a lien be put on my car?,, and
Since I was subpoenaed to appear, what would happen if I did not show up for the deposition?  Can I be arrested for not showing up??
Thank You for Your time and effort

Dan
Cape Coral Florid

Answer
You must go or end up getting arrested for contempt of court. If your retirement is SSI or any kind of government pension they cannot garnish by law. In fact, they cannot even threaten to garnish your government checks. Even a threat to do so is a violation of federal law and you could sue them for that in federal court. That includes VA benefit checks. Can they put a lien on your car? Maybe. I don't know about that in Fla. Go to www.lawdog.com and you can find garnishment laws in Florida there.  

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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