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deposition duces tecum


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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

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She is there for the judgment creditor to find out how/if she can pay the judgment. So they have the right to ask about the extent of her property and if any of it is covered by exemptions. In my experience, people fail to answer the subpoena and just don't show. Of course, you set yourself up for a contempt motion. But you do the same if you show up but refuse to answer questions or give disclosure about your assets.

At this point, this is no different than a meeting of creditors in a BK. Just as embarassing, but without the salve of discharge.

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so are you saying if i show up i have to answer everything they ask

and if i dont show up...im in contempt of court...and then what...they throw me in jail...or make me pay a fine...or am i eventually forced to go through this anyway....v

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Is the judgment against you alone or against you and your spouse? If it's against you alone, they're not entitled to any info on your husband's individual assets. And yes, in Florida you can eventually be arrested if you don't respond to a subpoena duces tecum. But they'll have to go to court first on a motion for contempt. The fine for contempt is usually $250. The judge will probably give you another opportunity to appear. If you don't appear the second time, they can ask the court to have a deputy arrest you and bring you down to the courthouse to answer their questions.

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