What can we do about a deposition regarding a judgement on credit card debt?
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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 12 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.
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