depostion duces tecum questions

vialna · 08-23-2006, 11:16 AM

i am required to appear thursday this week for a depostion duces tecum..i have
gotten most of the required doc. they have asked for...let me say that they have already been awarded a judgement and i am assuming their trying to locate assets.....

question: they have asked for last 2 years income tax records..all
i am stating that i have not yet filed this year...but am bringing in my paystub
and am providing 2005,,,..
am i able to blacken out the name of my accountant on this form as it is immaterial and i dont want them to have access to that info....??????????

also: question...on the income tax return it lists an asset by name and appears on the k-1 ...i am trying to make their job harder...since they have already won the judgment.....can i blacken out the name and id number of that asset...

the reason being...on or about the time i was served, i had been in the process of having the partnership that i am a part of purchase an annuity in my name and the partnership owns this annuity...and any and all funds from this partnership are directed to this annuity...i retain my same percentage...but rec. no monies....
prior to then i was using the monies to live off of due to multiple cancer surgeries.......

Question: they are also asking for check reg. checking acct. that myself and husband owned during the last two years....
I am bringing in what I have for my checking acct....can i blacken the acct info such as acct. number, ect....?????
I am not bringing in anything of my husbands as he has been trying to set up a business, has been paying all the bills through that acct. and again i dont see the relevancy of that...and to burdensome to supply..too costly and the fact is our computer crashed in 05 and the records we had we no longer have...

plz offer some opinions.............tks v

jlynn · 08-23-2006, 12:52 PM

Need some more info...is your husband named in the judgment? And although I'm not sure if its relevant, but I'll ask just in case, are you in a community property state?

hannah · 08-23-2006, 12:53 PM

Quote:

Originally Posted by vialna

i am required to appear thursday this week for a depostion duces tecum..i have
gotten most of the required doc. they have asked for...let me say that they have already been awarded a judgement and i am assuming their trying to locate assets.....

question: they have asked for last 2 years income tax records..all
i am stating that i have not yet filed this year...but am bringing in my paystub
and am providing 2005,,,..
am i able to blacken out the name of my accountant on this form as it is immaterial and i dont want them to have access to that info....??????????

You need only provide the accountant's name if ordered to by the judge. Until then, it's not their business.

Quote:

Originally Posted by vialna

also: question...on the income tax return it lists an asset by name and appears on the k-1 ...i am trying to make their job harder...since they have already won the judgment.....can i blacken out the name and id number of that asset...

the reason being...on or about the time i was served, i had been in the process of having the partnership that i am a part of purchase an annuity in my name and the partnership owns this annuity...and any and all funds from this partnership are directed to this annuity...i retain my same percentage...but rec. no monies....
prior to then i was using the monies to live off of due to multiple cancer surgeries.......

They are looking for assets. This maybe something you have to disclose.

Quote:

Originally Posted by vialna

Question: they are also asking for check reg. checking acct. that myself and husband owned during the last two years....
I am bringing in what I have for my checking acct....can i blacken the acct info such as acct. number, ect....?????
I am not bringing in anything of my husbands as he has been trying to set up a business, has been paying all the bills through that acct. and again i dont see the relevancy of that...and to burdensome to supply..too costly and the fact is our computer crashed in 05 and the records we had we no longer have...

They have no legal right to anything of your husband's including checking information unless it's a community property state or he was named directly in the judgment. Until ordered by the court, I would object to this.

V - I am not an attorney and do not know FL law that well. You might want to call an attorney down there and ask. I would bet that you can ask these questions over the phone without charge if you call a BK attorney and *hint* you might be thinking of engaging their services. Or perhaps ask Legal Aid.

centex · 08-23-2006, 01:08 PM

Review closely the language in your state codes and RCP. Did the subpoena specify redacted or unredacted? It *could* make a difference in whether your state allows for certain omission of irrelevant data.

vialna · 08-23-2006, 01:11 PM

florida is not a community property state...no he is not on the judgement it is my debt...
hannah..i have read that if i dont provide info they can sancton me..this was from a different board...im not trying to not answer just not be so direct...i want them to have to search for this info..not have me dump it in t heir laps also, this depo is issued through the county court, and being taken at the courthouse...so am i ordered by the court or not....dont want to do anything to make a bigger mess for myself.........v

jlynn · 08-23-2006, 01:16 PM

With annuities, partnerships, hubby's money, etc., all coming in to play. You might be wise to consult with an attorney. It may save you money in the long run. I would assume it would take some research to object to a disclosure, and successfully argue it.

hannah · 08-23-2006, 01:20 PM

Quote:

Originally Posted by vialna

florida is not a community property state...no he is not on the judgement it is my debt...
hannah..i have read that if i dont provide info they can sancton me..this was from a different board...im not trying to not answer just not be so direct...i want them to have to search for this info..not have me dump it in t heir laps also, this depo is issued through the county court, and being taken at the courthouse...so am i ordered by the court or not....dont want to do anything to make a bigger mess for myself.........v

Will a judge be presiding at the depo? If so, object and let the judge make the decision as to whether you have to answer or not. Be sure you object with an relevent explanation of why you object and I cannot see why you would be sanctioned.

Also, since your DH was is not on the judgment, then I cannot see how a court can order you to divulge his private personal checking account information and transaction even if you are on the account too. That would invade DH's privacy.

wayhigh · 08-23-2006, 04:15 PM

I thought most depos only involved either parties attorneys?

Quote:

Originally Posted by hannah

Will a judge be presiding at the depo? If so, object and let the judge make the decision as to whether you have to answer or not. Be sure you object with an relevent explanation of why you object and I cannot see why you would be sanctioned.

Also, since your DH was is not on the judgment, then I cannot see how a court can order you to divulge his private personal checking account information and transaction even if you are on the account too. That would invade DH's privacy.

hannah · 08-23-2006, 04:26 PM

Quote:

Originally Posted by wayhigh

I thought most depos only involved either parties attorneys?

Some states have judges preside to act as referees to interpret the law in court ordered depositions. Some do not. I do not know if Florida has judges preside in hearings such as this or not. That is why I asked V to clarify.

wayhigh · 08-23-2006, 04:35 PM

Quote:

Originally Posted by hannah

Some states have judges preside to act as referees to interpret the law in court ordered depositions. Some do not. I do not know if Florida has judges preside in hearings such as this or not. That is why I asked V to clarify.

Crazy.. you hear about IBM's witness getting ambushed by SCO?

hannah · 08-23-2006, 04:38 PM

Quote:

Originally Posted by wayhigh

Crazy.. you hear about IBM's witness getting ambushed by SCO?

Please do not hijack V's thread. Thank you.

wayhigh · 08-23-2006, 04:43 PM

Quote:

Originally Posted by hannah

Some states have judges preside to act as referees to interpret the law in court ordered depositions. Some do not. I do not know if Florida has judges preside in hearings such as this or not. That is why I asked V to clarify.

Crazy.. you hear about IBM's witness getting ambushed by SCO?

centex · 08-23-2006, 05:08 PM

Wayhigh,

With your continued antics after being cautioned by Hannah, you are demonstrating that your sole presence here today is to create problems, many of which are the same sort of problems that you cautioned others about on a site where you *did* have administrative oversight.

Please be advised that your continued efforts to disrupt the discussions, particularly in credit-specific forums may result in a restriction of your ability to post at this site.

Hedwig · 08-23-2006, 06:25 PM

Yes, we have a general discussion forum an a flame forum for topics not related to credit repair.

If it's a topic related to credit repair but not the topic of this thread, please start a new thread with your thoughts.

vialna · 08-23-2006, 06:50 PM

The judgement is only mine...it is ordered by my county...it says that someone appointed by the court will be there to take the deposition...i assume that it is therefore court ordered....one of the other sites said to not show up...like for a bk examine of creditors...however he also said that i could be held in contemt of court.....and probably later forced to go through this anyway....i just was trying to find out how not to disclose what i feel is not related to me alone...v

jlynn · 08-23-2006, 06:54 PM

Quote:

Originally Posted by vialna

one of the other sites said to not show up...like for a bk examine of creditors...however he also said that i could be held in contemt of court.....and probably later forced to go through this anyway

After paying a hefty fine and/or looking the wrong way thru the bars. Not showing up is terrible advice!

jlynn · 08-23-2006, 06:56 PM

Oh jeez, I just reread your post. You are talking about tomorrow!