Small Claims Judgement Exemptions????

pitonia profile photo

Hi,
Shortly before Christmas I recieved a "Subpeona Dues Tecum for Deposition" on my husband. A couple days after that I had surgery & so this was put on the back burner. I missed the response time limit.

Question is; 1) What exactly is the Creditor Attorney entitled to see as far as account numbers on such items as: Credit card statements, Bank statements....?

From my research we do not have anything that is not exempt from garnishment. Except a few shares of stock we have that is much less then what their claiming.

2) My husband was going to sell this stock to pay a bill that is due. The deposition is next week. Will this cause problems?

3) Can they order us to use a credit card to pay debt off?

What really gets me about this whole thing is that this was paid on time in 1998. This company got a default judgement in 2001,since we were never properly served. Now another almost 3 yrs later they send this.

I have no way of showing the bill paid since I threw away all my paper work & the bank can not retrieve the cancelled check (1998) with out great cost to me ($100 per check research). This is all for $500 judgement.


Thanks
[ Edited by pitonia on Date 02/03/2004 ]

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