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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118248
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello, I have a similar question, I received the same "subpoena

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Hello, I have a similar question, I received the same "subpoena Duces Tecum for Deposition" for my wife, also Capital One Bank. She is 100% disabled for mental illness, her only income is SSDI for which I'm the representative payee. She has no assets, we have two old cars but her name is XXXXX XXXXX titles with mine, can anything happen to the cars ? she has been staying in NY since April and I doubt she will be here for the deposition date what will happen ?

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

She is essentially what they call judgment proof if she has no assets to be seized and her SSDI cannot be levied as those are exempt. Thus, for the most part they cannot get anything from her. However, you should notify the creditor's attorney in writing of her medical condition/mental condition and that she is not competent to testify on top of her not having any assets that can legally be garnished or seized for the debt.

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Customer: replied 4 years ago.

thanks for the prompt response! so my cars are safe?

Thank you.