What is a Deposition in Aid of Execution?

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A deposition in aid of execution is a tool used by debt collectors to discover your assets. If a debt collector sued you and won, it may send you a notice of deposition in aid of execution. This type is common in Pennsylvania. Contact BCJ Law’s debt defense attorney if you have questions about a notice of deposition in aid of execution you received. Complete our contact form or call us at 1-800-997-5561.

What is a deposition in aid of execution?

A deposition in aid of execution is a proceeding where an attorney questions you and tries to discover your assets. These types of depositions occur in a court or at an attorney’s office. They are used to “aid” debt collectors in collecting judgments against consumers. Put differently, debt collectors use depositions in aid of execution to find out what things you have that they can take from you. 

Why did I get a notice of a deposition in aid of execution?

You may receive a notice to attend deposition in aid of execution if you were sued for a debt and lost the lawsuit. If you get these notices, you may think you’re being sued; this is wrong. You already were sued and lost; now the debt collector is attempting to collect on the judgment entered in the lawsuit. The debt collector sent you a notice of deposition in an attempt to find what assets it may take.

What will happen at the deposition in aid of execution?

"A deposition in aid of execution is ... where an attorney ... tries to discover your assets."

You’ll be questioned by an attorney if you attend a deposition in aid of execution. A court reporter also will be present and record everything you say. You’ll be under oath to ensure you tell the truth.

You’re allowed to object to any questions that are irrelevant, overly burdensome, or otherwise objectionable. You also shouldn’t bring anything of value to the deposition because, if it is not exempt, it may be taken from you. The deposition likely will last around 15 to 30 minutes.

What happens if I don't go to the deposition in aid of execution?

Unless the deposition notice comes in the form of a “subpoena,” or unless a court previously compelled you to attend a deposition, there’s may not be much that can happen if you fail to attend. Many notices of deposition in aid of execution are served by regular mail. If you get a notice in this manner, the main recourse a debt collector has is filing a motion to compel. Unless that happens, there may not be any consequences for failing to appear. That said, if you fail to appear in this instance, and if a debt collector files the requisite papers, you may be on the hook for costs and fees.

Can an attorney make a deposition in aid of execution go away?

Hiring an attorney to help with a deposition in aid of execution generally is not worth the money. If the deposition was properly noticed, or if you were subpoenaed, or otherwise ordered by a court to attend, an attorney only can help protect non-exempt assets. The attorney can’t make the notice go away.

That said, there are times when hiring an attorney is helpful. These include the following: 

  • When a Notice is Defective: you may consider hiring an attorney when a deposition notice is defective. In this instance, the attorney may be able to prevent the deposition.
  • When a Notice Contains a Violation: hiring an attorney when a deposition notice contains a legal violation is helpful because it may allow you to sue a debt collector for damages.
  • When Improper Service Occurred: if the lawsuit that preceded the deposition notice was served improperly, you may be able to open the judgment and win your case. If improper service happened, hiring an attorney makes sense.
  • When a Complaint is Defective: if the complaint filed in the lawsuit that preceded the deposition notice is defective, you may be able to open your case and win. Hiring an attorney in this case is valuable.

Hire BCJ Law to help.

If you received a notice of deposition in aid of execution call our debt defense attorney to learn how BCJ Law can help. Call us at 1-800-997-5561 or complete our contact form.

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