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    YTLopez's Avatar
    YTLopez Posts: 3, Reputation: 1
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    #1

    Nov 6, 2010, 11:43 PM
    Lawyers for creditor didn't show up to a subpoena for deposition
    I went to a deposition I was summoned to attend. The creditors lawyers didn't show up. The only person there was the court reporter and myself. Now they have a judgement against me. Can I use the fact that they didn't show up to deposition against them? I have the parking ticket that proves the time & date I was there and the name of the court reporter.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Nov 7, 2010, 05:35 PM

    My first question to you is how did they get a judgment against you? A deposition takes place prior to trial, so with no trial there can be no judgment. Didn't you ask the court to dismiss the case after they failed to appear for deposition? One thought does come to mind, and that is, did you answer the complaint with which you were served within the specified time limit for your state? If not, then a default judgment would've been entered against you, in which case depositions would not be necessary (which would explain the plaintiff's/plaintiff's attorney's failure to appear
    YTLopez's Avatar
    YTLopez Posts: 3, Reputation: 1
    New Member
     
    #3

    Nov 16, 2010, 01:49 AM
    Thank you for your answer. Reviewing paperwork from this creditor shows that I received a default judgement notice on 10/2007. The subpoena for deposition was sent 08/2008. Anyway the damage has been done. I just have to get ready for the consequences of this judgement I haven't heard from them since.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 16, 2010, 05:03 AM

    This is confusing, If they got a default judgment in 2007, then what were you being deposed about in 2008?

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