| Posted By |
Message |
TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
|
Question regarding a "Court Ordered Deposition"
I was in a car accident in Feb 2007. I rear-ended someone (PS we were going like 20MPH and I was merging into traffic and he stopped short) and he now has a case against me.
I received a plain regualr mail letter (not Certified) stating I had to appear at his attorney's office for a "Court ordered deposition" My question is, if it is really court ordered wouldn't it have come FROM the court, or at least certified? What happens if I do not go?
TIA
|
Posted 2/27/08 7:44 PM  |
| |
|
Long Island Weddings
Long Island's Largest Bridal Resource |
LisaW
Time for me to FLY!
Member since 5/05 13199 total posts
Name:
Did I ever tell you that I hate people?
|
Re: Question regarding a "Court Ordered Deposition"
Call your insurance company...they are supposed to defend you in any action taken by the other party
|
| Posted 2/27/08 7:47 PM |
| |
|
TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
|
Re: Question regarding a "Court Ordered Deposition"
Posted by LisaW
Call your insurance company...they are supposed to defend you in any action taken by the other party
Thanks--In the process already- DH called them, we're faxing them the letter tomorrow AM.
|
| Posted 2/27/08 7:48 PM |
| |
|
Shelly
She's 7!!!
Member since 8/05 14624 total posts
Name:
|
Re: Question regarding a "Court Ordered Deposition"
It wouldn't come from the Court. It would come from the attorney.
Are you a party to the lawsuit? Did you get served with a summons and complaint? You may be deposed as a witness to the accident, and not as aparty. Do you have an attorney?
I would call your insurance company and find out what is going on.
|
| Posted 2/27/08 7:49 PM |
| |
|
TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
|
Re: Question regarding a "Court Ordered Deposition"
Posted by Shelly
It wouldn't come from the Court. It would come from the attorney.
Are you a party to the lawsuit? Did you get served with a summons and complaint? You may be deposed as a witness to the accident, and not as aparty. Do you have an attorney?
I would call your insurance company and find out what is going on.
I was the one driving. I did receive something from the court (summons & complaint). I do not have an attorney.
What happens if I do not appear? (Just curious)
Message edited 2/27/2008 8:02:38 PM.
|
| Posted 2/27/08 8:02 PM |
| |
|
Shelly
She's 7!!!
Member since 8/05 14624 total posts
Name:
|
Re: Question regarding a "Court Ordered Deposition"
Posted by MsKitty1274
I was the one driving. I did receive something from the court (summons & complaint). I do not have an attorney.
What happens if I do not appear? (Just curious)
Well you can be held in contempt of Court and fined.
However, what will reallyhappen is they will get a default judgment against you for any amount they want and try to collect it. If they don't get the money, the judgment is still entered against you and can come back to haunt you.
Honestly, that is why you have insurance. They will represent you.
|
| Posted 2/27/08 8:08 PM |
| |
|
LisaW
Time for me to FLY!
Member since 5/05 13199 total posts
Name:
Did I ever tell you that I hate people?
|
Re: Question regarding a "Court Ordered Deposition"
Posted by Shelly
Posted by MsKitty1274
I was the one driving. I did receive something from the court (summons & complaint). I do not have an attorney.
What happens if I do not appear? (Just curious)
Well you can be held in contempt of Court and fined.
However, what will reallyhappen is they will get a default judgment against you for any amount they want and try to collect it. If they don't get the money, the judgment is still entered against you and can come back to haunt you.
Honestly, that is why you have insurance. They will represent you.
My Dh just said the same thing (works for an auto ins co)...
Now I don't have to type it out 
|
| Posted 2/27/08 8:09 PM |
| |
|
evnme
My little lamb
Member since 8/05 12633 total posts
Name:
aka momma2b
|
Re: Question regarding a "Court Ordered Deposition"
My DH is an attorney and he told me that most depositions are court ordered and the court does not notify you directly. He said that it is the responsibility of your lawyer to notify you.
The court order directing you to appear for the deopsition would be in possesion of your defense attorney.
He suggests that you review the letter and make sure that it came from your defense attorney. It is not proper for paintiff's counsel to contact you.
Also, he told me that you need to contact your lawyer if you cannot appear on the date assigned. He said if you do not appear at all for a deposition you may be precluded from presenting your side of the story if the case goes to trial.
Posted by MsKitty1274
I was in a car accident in Feb 2007. I rear-ended someone (PS we were going like 20MPH and I was merging into traffic and he stopped short) and he now has a case against me.
I received a plain regualr mail letter (not Certified) stating I had to appear at his attorney's office for a "Court ordered deposition" My question is, if it is really court ordered wouldn't it have come FROM the court, or at least certified? What happens if I do not go?
TIA
|
| Posted 2/27/08 8:27 PM |
| |
|
TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
|
Re: Question regarding a "Court Ordered Deposition"
Posted by evnme
The court order directing you to appear for the deopsition would be in possesion of your defense attorney.
He suggests that you review the letter and make sure that it came from your defense attorney. It is not proper for paintiff's counsel to contact you.
See, that's the thing that is irking me. This came from the plantiff's attorney. The insurance company didnt' even know about it (we're faxing them the letter).
|
| Posted 2/27/08 8:31 PM |
| |
|
evnme
My little lamb
Member since 8/05 12633 total posts
Name:
aka momma2b
|
Re: Question regarding a "Court Ordered Deposition"
did the insurance company not know about the summons and complaint (the notice telling you that you are being sued) or did they not know of the letter requesting you to appear at a depositon?
Posted by MsKitty1274
See, that's the thing that is irking me. This came from the plantiff's attorney. The insurance company didnt' even know about it (we're faxing them the letter).
|
| Posted 2/27/08 8:36 PM |
| |
|
TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
|
Re: Question regarding a "Court Ordered Deposition"
Posted by evnme
did the insurance company not know about the summons and complaint (the notice telling you that you are being sued) or did they not know of the letter requesting you to appear at a depositon?
Posted by MsKitty1274
See, that's the thing that is irking me. This came from the plantiff's attorney. The insurance company didnt' even know about it (we're faxing them the letter).
I was referring to the letter.
I just looked over the papers I have--I rec'd a letter from my insurance company when papers were filed with the court-that letter said they referred them to their attorneys--that is who THIS (deposition) letter came from! OOPS!! 
PS-I have all intentions of going, just wondered if it was "legit" being it wasn't from the court. I've never gone thru this before so I am CLUELESS!
|
| Posted 2/27/08 8:51 PM |
| |
|
evnme
My little lamb
Member since 8/05 12633 total posts
Name:
aka momma2b
|
Re: Question regarding a "Court Ordered Deposition"
it's legit.
good luck!!!
Posted by MsKitty1274
PS-I have all intentions of going, just wondered if it was "legit" being it wasn't from the court. I've never gone thru this before so I am CLUELESS!
|
| Posted 2/27/08 9:02 PM |
| |
|
TiggerBounce
The Prince & Princess
Member since 7/05 4939 total posts
Name:
J
|
Re: Question regarding a "Court Ordered Deposition"
Posted by evnme
it's legit.
good luck!!!
Posted by MsKitty1274
PS-I have all intentions of going, just wondered if it was "legit" being it wasn't from the court. I've never gone thru this before so I am CLUELESS!
THanks!
|
| Posted 2/27/08 9:09 PM |
| |
|
KateDevine
*
Member since 6/06 24950 total posts
Name:
|
Re: Question regarding a "Court Ordered Deposition"
Jill, FM me the firm (I work for a PI firm).....
|
| Posted 2/27/08 9:25 PM |
| |
|
