When I Sue A Collector, Will I Give A Deposition?
You should expect to give a deposition if you sue an abusive debt collector
When you sue an abusive collector, if the case does not settle quickly, then the collection agency’s lawyer will take your deposition.
A deposition is a type of “discovery”
Discovery is simply the process where each side can ask the other side questions.
A deposition is where you give testimony under oath.
The lawyer for the debt collector asks you questions.
You answer truthfully.
Why will we be with you?
We are there with you to make sure there are no improper questions asked of you.
If there are, we can object and/or instruct you not to answer.
(Note it is rare we instruct someone not to answer but sometimes the lawyers for these abusive debt collectors think the rules don’t apply to them and they can ask you about our conversations which are privileged).
An objection is simply where a question is defective and we have to object or we may waive our chance to object to the question later. So you still answer the question after our objection.
“What will I be asked questions about?”
The point of the deposition is the debt collection agency’s lawyer has the right to ask you questions to find out what you know. To find out about your damages. And to find out what happened in your interaction with the collection agency.
“Should I be nervous?”
While it is natural to be nervous, giving a deposition is not a painful process as long as you follow our recommendations (assuming you are our client) and you are prepared.
Keep in mind that we will also take the deposition of one or more people from the debt collection agency and they will have to answer our questions under oath.
“Where does my deposition fit into the big picture of the case?”
Taking depositions is one of the steps to getting to trial where you will have a jury decide whether the collector broke the laws. And, if the collection agency did, what amount of damages should be awarded to you.
Normally your deposition will be taken first and then we will take the deposition(s) of the collection agency.
Now sometimes the lawyer defending the agency delays taking your deposition to try to stop us from taking theirs.
That’s unprofessional “amateur hour” type of tactics but sometimes that’s who we are dealing with. We simply let the judge know and that type of non sense stops immediately.
But here’s how the process typically plays out:
- File the lawsuit
- Defendant collection agency answers the lawsuit
- Both sides exchange written discovery (questions and requests for documents)
- Depositions are taken
- Legal arguments are made — what is known as “summary judgment motions”
- Trial happens
Now at any point the case can settle and most cases do settle.
When they don’t settle quickly, you give a deposition and then often the cases settle after a deposition.
Let us know if you have any questions — call us at 205-879-2447.
PS — I’m sure you know this but if a lawyer represents you, call your lawyer, not us.
We can’t talk with folks who already have lawyers.
We hate that so many lawyers won’t talk to their clients and won’t prepare them for deposition but we can’t ethically speak with you.
Sorry but I hope you understand.