Imagine that you are the attorney representing the bank in a collection action in which the bank is seeking substantial sums of money. Fortunately, the bank already has a judgment and is now seeking only to collect upon it. You serve a subpoena duces tecum in aid of execution upon the judgment debtor. Then you receive a call from the judgment debtor’s lawyer who advises you that taking his client’s post-judgment deposition will be a waste of time because his client is only going to “take the Fifth.”
You then learn from opposing counsel that the judgment debtor is the subject of a criminal fraud indictment and is being pursued by both federal and state authorities. Should you abandon the idea of taking the deposition?
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