I have been handed a "subponea" to give an oral deposition reguarding a legal issue with Capital One..it is for approximately $1400. I cannot attend.
Question Details: I cannot attend this deposition, and I called this lawfirm 3 days in a row and left voicemails explaining. I just today got ahold of a live person whom I explained everything to. She asked me to hold for a second and suddenly a man came on the line, claiming to be an attorney. He would not listen to a word I had to say and told me that I would be arrested if I did not show. He then said I could go the following day if preferred. He then hung up. I have nothing..no job for 2 years..no automobile..no bank accunt..nothing. Legal Aid can see me next week. What can I do?
Business Law Answers
If you fail to appear they can apply to the court for a court order directing your appearance at alter date.
I am assuming that this is a subpoena issued by the law firm and not issued by a Judge (a Judicial Subpoena). Law firms can call you to testify under oath and although the laws differ from state to state, you can request to "adjourn" the deposition pending your retaining an attorney.
I would send a fax indicating how many times you called and the number of voice mails left, that you have called to request an adjournment and that when you finally spoke with someone you were met with threats of being arrested for non attendance on this particular date. If you have the name of the person you spoke with put it in. Advise that you are retaining an attorney to consult with regarding the subpoena, how you were threatened and the allegations made in this matter. Do not admit to anything or any amount you think you may owe.
If you have an appointment with Legal Aid next week keep it and bring all the paperwork. Good luck.
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