a judgement in being filed against my husband for a reposession. I was not on any of the paperwork and we are separated but not divorced.
Can the attorneys for the bank call me in for a deposition
in general, the answer is no. If the debt is not yours you cannot be deposed for it. There are some special exceptions, but based on information given, you should be safe.
I think the answer to your question is a bit more complicated than the previous answer would allow. First, if you are subpoenaed to give a deposition you cannot simply ignore the subpoena. However, there is a spousal privilege in Florida. A spouse does not have to testify to anything that her spouse told her including financial matters and facts derived as a result of the marriage. You would have to assert the privilege though. You may need an attorney to go with you to the deposition. The privilege is found in Florida Statute 90.504 and reads, in part:
" A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife. "
If you merely received a notice of deposition without actually being served a subpoena by a process server, then, as the previous answer suggests, ignore it. If you were served then you could do one of four things: 1) Hire an attorney to present a motion to quash the subpoena in court; 2) Hire an attorney to go to the depo with you to assert your privilege;
3) Go to the depo alone and assert the privilege yourself refusing to answer questions which relate to information you got from or about your husband as a result your marriage; or 4) (and this is risky) Ignore the subpoena. The attorney will then get an order compelling you to attend from the judge and if you still don't attend the judge will issue you an order to appear before him/her and show cause why you should not be held in contempt. That's when you appear and explain to the judge that you are asserting the spousal privilege found in FS § 90.504. I do not recommend this course of action.
You might have the attorney you hire call the other attorney. Once he knows that you know you don't have to testify he might cancel the depo and save his time and client's money.
The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. More than one attorney may respond to your question over the next 5 days so it may be beneficial for you to keep checking for answers
One additional thought: You may not want to spend the money on an attorney for the sake of your separated husband. He can assert the privilege as well as you. In fact, it's his privilege. If he has an attorney, tell him to get to work. Otherwise, let the husband deal with the problem if he doesn't want you to testify.