Depositions of people being sued by debt collectors are not normally taken by the debt collectors as it is costly. However, at times the debt collectors will use the money to take a deposition. It is therefore important for you to understand its meaning.
Definition of a Deposition:
Basically, a deposition is a session for question and answer. A lawyer presents questions to you to respond under oath. This signifies that you are swearing to the truth of your responses. In turn, this means that your responses can be utilized in two vital methods:
•Whatever you disclose will be taken as verified.
• Anything you state might be utilized as evidence in a case to confirm a point or portray you as a liar.
The Process of a Deposition:
You will receive what is known ‘notice of deposition’ stating a date, time and venue for you to avail yourself for deposition. If the time is not conducive, you should state this.
You should ask for a time and venue which is convenient for you. However, you should know that you cannot evade the deposition. You can schedule another appointment but if they intend to depose you, you have to avail yourself, which is all right.
Normally the notice will state something like ‘commencing at 9: am. and ongoing every day until the end’.
Probably, your deposition will take less than two hours. However, you need to allocate enough time to it, to ensure you are not under pressure, leading to careless answers.
On the deposition day, you will avail yourself at the office of the lawyer representing the debt collector. People will possibly be very civil, so it is okay to respond in kind.
Just keep in mind that whoever you interact with will be connected to the party suing you and whatever remark you make might be recorded. This will definitely be passed on the lawyers of the other party.
Therefore, do not misconstrue a pitiful glance or remark from anyone as genuine sympathy. You will enter a conference room consisting of a number of people, either already present or on the way.
A court reporter is someone who will record whatever you and the lawyer state in the deposition.
Recordings from the lawyer of the debt collector, a junior lawyer and maybe an agent from the debt collector will be made, as well as from a secretary.
The people may be many, but do not feel scared. What is important is the queries posed to you and the responses you give. The court reporter will ‘swear you in.’
After this the lawyer will question you. You will respond to these queries and your responses will be put on record by the court reporter as your ‘testimony.’
Keep in mind that you must comprehend the query as it is actually phrased. Depositions normally seem like conversations but are not. In conversations, you are able to discern what the other party exactly means, sometimes in spite of what they state.
In depositions, you need to focus on comprehending the question posed and respond to it exactly.
It is at times said that ‘no good deed goes unpunished.’ This may not always prove true. However, this can apply to depositions.
If you are pushed to giving an answer or say something to make you appear nice or compassionate, you can rest assured that it will come back to haunt you.
Do not throw away your case.