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Deposition Requested from Small Claims Court Case (07/30/08)
 
 
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Disclaimer: I am not a lawyer. I am only publishing my interpretation of my situation. You should seek your own legal representation for your own particular situation. Do not rely on my opinions or statements for your own purposes as state and local law varies as do individual circumstances.
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       I got a voicemail today from the law firm that sued me for unpaid condo association fees. They are requesting a deposition. This will be my first deposition... although it will most likely not be my last until I get all of my financial problems fixed. I do not know all of the questions that these lawyers will ask of me, but the jest of the meeting will be to list out all of my assets and sources of income in an effort to determine how my debt to the condo association can be paid. I had hoped that the law firm and the condo association would only put a lien against my condos, but they are apparently going to do more than that. They are now, most likely, going to go after my stocks and cash and wages. What to do? What to do?
 
          I have not yet returned the call to the law firm. I intend to call my lawyer first to discuss my options with him. I will make that call to him first thing in the morning and update my website with his answers. The big questions from me though are the same ones that I had earlier this month about my assets. What assets can these lawyers take from me? Should I sell all of the assets like my stocks that I can sell? Should I pay off this lawsuit case? Should I pay off other debts such as student loans first?

          I think I will definitely be selling all of my stocks very soon although the stocks are all down. I would most certainly take a loss on most of these stocks, but that has a plus to it as well. If I sell these stocks for a loss, I will not owe any income tax on the sales. The next big question is what debts will I pay off first?

          Neither of the condos have finished foreclosure. Neither has even gotten a foreclosure hearing date set so both will be in my name for at least sixty more days. This means that the condo fees will still be placed against me for that time. If I pay off the past due condo fees, I might as well keep paying the condo fees each month until the condos go back to the banks in foreclosure because the condo association will just take me back to Small Claims Court time after time after time.

          I think I will most likely take enough money to pay off my twelve thousand dollars ($12,000) in student loans first. Student loans cannot be written off in a bankruptcy proceeding so I would owe that money regardless of bankruptcy or not. That brings up another question: Am I going to file bankruptcy? I have not decided to file bankruptcy. I am trying to avoid that. How this deposition goes will help me answer that question. I certainly hope it does not as I would really like to avoid bankruptcy as I really do think I will eventually find some way to pay off all of this debt... I just need time, granted a lot of it, but still I just need more time.

          After I call my lawyer tomorrow morning, I will call the other law firm and schedule a time for the deposition. Hopefully, they will get it out of the way quickly and let me do it sometime next week as I will be home all next week. I am surprised that they even called and asked to schedule a time. Small Claims Court and the foreclosure hearing were non-negotiable dates from the courts.

          I should have another post out again tomorrow. It is sure to be interesting. Check back or subscribe to be notified in an email. Also, please wish me luck and pray for me. I could use all the help and Divine intervention that I can get.
 

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