Notice of Deposition on acct past SOL

[elchicho1]

Hey guys i need your help with your expertise, Just recieved a Notice of Deposition on a medical bill from July 2004, this obviously is past the statute of limitations what should i do? ignore it, or what ? i just dont want it to go to court or something and it fall into a default judgement.

[pizzadude]

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@elchicho1 wrote:

Hey guys i need your help with your expertise, Just recieved a Notice of Deposition on a medical bill from July 2004, this obviously is past the statute of limitations what should i do? ignore it, or what ? i just dont want it to go to court or something and it fall into a default judgement.

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I wouldn't ignore it ~ you might consider having a chat with an attorney to see what your options are from a legal standpoint.

If you are sued for a debt which is past SOL you still have to appear and raise the SOL as your defence to avoid a default judgment.

[RobertEG]

Who is trying to depose you, and under what conditions?

I would definately consumer an atty.

[elchicho1]

The company Team Health has hired a law firm here in Florida, and they are the one who have sent me the notice of deposition, it says a time and a date and to bring all my bank acct statements, and 3 years of taxes. I really am in a bind and dont know if to just hire a consumer attorney to defend me this is way past the SOL but i know that by not showing up to these things they will just win so what do i do guys any help will help me, they are not suing me, that i know of they are just doing a deposition but i know by me just saying the wrong thing can put me in a big hole so i want to know my rights.

[pizzadude]

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@elchicho1 wrote:

The company Team Health has hired a law firm here in Florida, and they are the one who have sent me the notice of deposition, it says a time and a date and to bring all my bank acct statements, and 3 years of taxes. I really am in a bind and dont know if to just hire a consumer attorney to defend me this is way past the SOL but i know that by not showing up to these things they will just win so what do i do guys any help will help me, they are not suing me, that i know of they are just doing a deposition but i know by me just saying the wrong thing can put me in a big hole so i want to know my rights.

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You may not be legally required to appear, that's why I'd advise talking with an attorney.    You should be able to get an initial consultation without having to spend a lot of money.

[RobertEG]

+1

If their is no pending legal action, then you are not being deposed under santion of the court.

Consult and attorney.

[lazerz69]

I agree.  Unless there is a lawsuit pending then there is no deposition.  In addition, if it is a genuine notice of deposition it should have a case number listed somewhere on the notice.  It would also tell you where the action, ie., county is pending.

Also, are you sure it is a deposition and not a debtor's examination in order for the company to locate your assets.  If the company obtained a judgment, (most likely a default judgment), against you, they would have a right to get information about your finances.

RobertEG may weigh-in on this, but if they are "claiming" that this is a legal action, when no action is pending, would not that be a violation of the FDCPA.

[elchicho1]

There is a case number on the letter, and it says in bold letters notice of taking deposition, and on the top of the letter it says in the county court in and for Miami-dade county, florida. The plaintiff is Team Health, and the Defendant is obviously me, but it says i have to show up to the law offices of the attorney group that i guess is representing them for the deposition, whats wierd is that for a long time i had never reicived nothing from any of my ten plus year old debts but ever since i opened a bank account with my new address , this is the second company that has tried to come after a very old debt, mind you they were all when i was 18 and thought credit was not important, boy was i wrong what do you guys suggest i do, like i said this has been way past the statute of limitations.

[lazerz69]

It sounds like the creditor obtained a default judgment.

You need to:

     1.  Consult with an attorney immediately;

     2.  Call, or the better option if available, go to, the clerk of the court and ask if a default judgment was entered, give them the case number;

     3.  Get a copy of the court file;

     4.  Take the court file, (copy), back to the attorney you retain;

     5.  Go to the deposition.  Do not miss the deposition.  If this is legitimate, a contempt action against you MAY be filed for not complying with the notice.

     6.  Go to the deposition WITH AN ATTORNEY - DO NOT GO BY YOURSELF!!!!!!

[elchicho1]

Ok so you are right, they did win by default in 2007 for an unpaid medical bill of 1,308, now they say that the amount owed is 1, 900. My question is isnt this being done way after the statute of limitations this was won in july of 2007 and its now 2014. I dont know if to blow it off or hire a consumer attorney to handle the matter. How long can a judgement against you be collected does this also have a limitation? Any help will be appreciated.