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What is a deposition?

Produced by Mariah Jennings-Rampsi, South Coastal Counties Legal Services, with funding from American College of Bankruptcy
Created June 2012

A creditor may ask for a deposition.  You will get a Notice of Deposition that tells you when and where to go to answer questions about the case.

You must attend the deposition. If you do not attend, the creditor may be able to get a default judgment against you.  If you cannot attend, tell the creditor's attorney before the date of the deposition. Ask to reschedule. 

At the deposition, you must swear that your answers to the questions are true. If you do not know the answer, just say “I don’t know.”  A judge will not be present.  A court reporter types your answers. The typed record of your answers can be used at court.  The deposition can hurt you if you give different answers at the deposition than you give at court or in your interrogatories.

Depositions involve a lot of legal principals and rules.  You may want to consult an attorney if you are asked to appear at one. Find your local legal services program.

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