What in the world is a Deposition in Aid of Execution? Why am I receiving this? Did I get sued? These are the hot questions of the day. We receive at least one of these calls every day at our office and sometimes its up to 6-7 calls per day. If you’ve received a notice for a Deposition in Aid of Execution, its not good, that’s for sure….
What this Notice means is that the judgment creditor is looking to get paid on a judgment that was entered against you. This is NOT a new lawsuit, but rather, the continuation of an old one. In other words, you were sued, you lost, you didn’t pay the judgment and now they are trying to find out what assets you have. Its generally too late to try to enter any defenses and defend the case, after all, they already have a judgment. The case is over, except for the fact that you didn’t pay after you lost. The only real avenue to attack this scenario is if you were not properly served with the lawsuit, or, if the court documentation has some sort of fatal defect. As you can see, the opportunities to attack this Deposition Notice are very limited. From time to time, we do find a case where the person wasn’t properly served and from time to time we also find some defects in the court paperwork. These occurrences are few and far between though…meaning, that you don’t have a lot of options if you receive one of these notices.
Having said that, there is an opportunity to settle the case, possibly at a discount, and we’ve been very successful in this regard for many clients. A lump sum payment can usually result in a decent to substantial discount on payment towards the judgment amount. If you’ve received a Notice of Deposition in Aid of Execution please call our office immediately so that we can discuss options with you. Keep in mind that in most cases it would be very beneficial to have all of your court paperwork with you when you contact our office. This paperwork can be obtained from the Prothonotary or Department of Court Records if your case was filed in the Court of Common Pleas, or, it can be obtained from your local District Justice if that is where your lawsuit was filed.