Consumer Activist

[consumer_activi]

For 10+ years I have lived in Ga, 2 yrs ago I purchased a condo in Bay County, Fla and have been in residence there about 6 months of 27 months with the great majority of time spent at my Georgia home.

I have put up blogs critical of various LLC's which are being used to rent out condos in my complex in Florida by a firm in NW Florida which uses 11 different LLCs with the same people involved. They object to the content of the blogs and have filed suit in Bay County Court, Florida asking for a restraining order.

I was personally served on Jan 16, 2009 when I was there for a few weeks. I put in 2 motions to dismiss on a 'pro se' basis as it was a suit filed in retaliation for a different suit I had initiated using a Florida attorney and was against another of this groups LLCs. I am proceeding pro se due to being retired and on a limited income, this suit is nonsense and not worth wasting money on an attorney.

Their attorney in my pro se action had written to me here in Ga wanting to depose me. I ignored the letter and did NOT sign for the copy he sent Registered mail. He is now requesting the Bay County Court via a Motion To Compel Deposition of Defendant to have the court order me to be deposed.

MY QUESTION:

1) Am I required to travel to Florida to be deposed?

So far I have had no service via Registered Mail from either this attorney or the Court. The attorney notes that he had hired a process server who made 3 attempts to serve me ("no one answered the door") and he left the paperwork on the door.

2) Am I subject to an order by a Florida court to attend a deposition when I am living in Georgia.

3) Any general comments would be helpful.

Bill H, Kennesaw Georgia

paperwork on this matter can be found at: waterstoneresortsllc . blogspot . com

 

[dee_dub]

1) Am I required to travel to Florida to be deposed?

Unless Georgia has adopted some form of the Uniform Foreign Depositions Act recognising Florida subpoenas, probably not. Not until a Georgia court so orders you.

2) Am I subject to an order by a Florida court to attend a deposition when I am living in Georgia.

You could be, if a Georgia court subsequently recognizes and gives effect to the Florida order.

3) Any general comments would be helpful.

More likely than you going to Georgia to have to answer depositions is them getting permission from the Florida court to depose you in Georgia. Or answering written interrogatories. So depending on what you object to - being deposed at all, or having to go to Florida to do it - you might consent to one of those.