Questions an attorney might ask in a deposition~

[dashboy]

Started this thread in hopes that you folks can post questions an attorney might ask in a deposition concerning an alleged breach of contract concerning an auto loan and a credit card and how you smart folks on Sui Juris would respond to these questions! thanks!

[Jerseee]

Dash,

Well first off, no one can answer any question concerning an alleged debt as they do not have first hand knowledge.

They need to be asking those questions to the bankers or alleged creditors. Those are the folks that can answer those questions.

[Icesgirl]

You might want to check in your state, on line at the ( state ) Secretary Of State to see if the attorney is registered to do business as Debt Collector. I found out today that two different attorney's that are after me are not registered, I bet the Attorney General will love my complaint.

This finding, if in your favor, could work very well for you.

.

[dashboy]

I totally understand what you folks are saying, but I am trying to get in the proper frame of mind for an upcoming deposition. I am trying to play devil's advocate and think ahead as to what the bank attorney will be asking me. I all ready know what I am going to ask him and his friends... I mean client and they are not happy with my questions!
But like I said, I am sure he is going to come with his pee shooters ablazzi'n! I just want to be able to say the right things to make him more upset than he all ready is!
Any help is greatly appreciated!!

Dash~

If you don't already have the pleading of the protections of the Statute of Frauds in your pleadings, If I were in your shoes, I'd amend my pleadings to invoke the protection of the Statute of Frauds, 72 AmJur 2d Section 1 et seq.

Just what I would do.

This changes everything, in that they have to have the original if the contract is over $500.



Once again, for entertainment purposes only.

What Jerseee said is dead on.

For Instance, If they ask me if I signed a Note on XX-XX-2001, I would answer (if it were me) There is no way I can remember what documents I signed on that date, unless you refresh my memory with the original document. Otherwise, I couldn't possibly have firsthand knowledge of that.
Would you prefer that I lie and say that I have firsthand knowledge, when without the original to see my ink signature, and that the document is unaltered, I cannot possibly be a competent fact witness that I did sign such an instrument?



Once again, all statements are for entertainment purposes only, and not to be construed as legal advice.

[dashboy]

Excellent! Thanks Henry!
I am a sponge!!

Dash~

The key is, you cannot have firsthand knowledge without facts [which they have to provide] in front of you to back up THEIR claim.

Once you get un-convinced that you have to prove something, you will have the correct mental picture.

It's ok to object to their questions on the basis that you are not willing to perjure yourself, and the only way you can be sure is to have the original in front of you.

Once again, for entertainment purposes only.

And I have nothing original to say. Everything I have has been given to me, and/or I have learned from the trailblazers, and this is just an expository on what Jerseee said.

I have much to pay back to this community.

HB

P.S. What fictional State are you in? [I am in north carolina]

ditto hb, ditto...

jon

[KITCHIE]

Another thing you might respond with is that you don't believe (whatever docs they show you) is the right contract as there is no seller's signature! And when there is a bonified contract there are two parties that sign the sales agreement.

Kitchie

[trbish]

to me this would be a broad question and a challenge to reply. I recognize the focus would be to stay on point with the "contract", "meeting of the minds", "two signatures"....but how would you reply to this

have you ever used xyz ### credit card to make a purchase?