What can we do about a deposition regarding a judgement on credit card debt?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can we do about a deposition regarding a judgement on credit card debt?

Judgement on credit card debt that was charged off 3 years ago. Now have request for deposition to obtain location of assets. my wife is only working part-time and I’m unemployed. Can we stop garnishment and avoid giving a deposition?

Asked on August 22, 2011 Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If possible, consult with an attorney--there may be grounds to get this judgment vacated, IF the debt was truly "charged off." When a debt is charged off, it is written off as uncollectible and the creditor gets a tax benefit; someone cannot both claim the tax benefit and still try to collect the allegedly uncollectable debt.

You can't avoid a deposition, unless you can, as per the above or in some other fashion, get the judgment vacated entirely (e.g. you never received notice in the underlying case which gave rise to the judgment)--as long as you owe someone money on a judgment, they have a right to depose you to find out income, assets, ability to pay, etc.

Whether you can avoid garnishment depends on how much your wife makes; there is a threshhold income, under which you cannot be garnished. Speak with your attorney about, but I believe that if your weekly income is equal to or less than 30 times the hourly minimum wage, you cannnot be garnished.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption