FDCPA Deposition Preparation Guide

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    FDCPA Deposition Preparation Guide

    The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive, deceptive, and unfair debt collection practices. In an FDCPA case, your deposition is the debt collector’s chance to question you under oath about your experiences, your evidence, and the harm caused.

    1. Purpose of the Deposition

    • Learn your version of events in detail.

    • Test your memory and credibility.

    • Find inconsistencies to use later in court.

    • Assess how convincing you will be as a witness.

    2. Key Rules to Follow

    1. Tell the Truth – You are under oath.

    2. Answer Only What’s Asked – Don’t volunteer extra information.

    3. Don’t Guess – If you’re unsure, say “I don’t recall.”

    4. Pause Before Answering – Gives your attorney a chance to object.

    5. Stay Calm – Avoid showing frustration or anger.

    3. Review Your Case Facts

    Before the deposition, go over:

    • The Debt in Question

      • Amount claimed

      • Original creditor

      • Whether you dispute the debt

    • Collection Contact History

      • Phone calls: dates, times, caller names/numbers

      • Letters, texts, or emails received

    • Violations Alleged

      • Harassment (excessive calls, threats)

      • False statements (amount owed, legal threats, misrepresentation)

      • Contacting you at prohibited times or places

      • Talking to third parties about your debt

    • Your Responses

      • Letters you sent (e.g., cease-and-desist, dispute letters)

      • Records of calls or conversations

    • Impact on You

      • Emotional distress, anxiety, embarrassment

      • Financial harm (fees, costs, lost work time)

    4. Common FDCPA Deposition Questions

    Background:

    • Your name, address, and phone numbers.

    • Your employment status and hours worked (if relevant to calls at work).

    About the Debt:

    • How you first learned about it.

    • Whether you believe it’s valid.

    • Any payments you made or agreed to make.

    Contact Details:

    • How often they called or wrote.

    • Times of day and days of the week they contacted you.

    • If calls came before 8 a.m. or after 9 p.m.

    • If they called you at work after you asked them not to.

    Alleged Misconduct:

    • Any threats of arrest, lawsuits, wage garnishment, or other harm.

    • Whether they used profanity or abusive language.

    • If they told others (friends, family, employer) about your debt.

    Damages:

    • How the collection activity affected your life, relationships, health, or job.

    Prior Complaints:

    • Whether you complained to the CFPB, FTC, or state AG.

    • Whether you recorded any calls.

    5. Strengthen Your Testimony

    • Bring Organized Evidence – Keep all letters, envelopes, call logs, and notes.

    • Be Consistent – Align your answers with your written complaint and discovery responses.

    • Focus on Facts – Avoid speculation about motives or legal issues.

    • Describe Impact Clearly – Explain how the harassment affected your day-to-day life.

    6. What NOT to Do

    • Don’t exaggerate call frequency or threats — defense lawyers will compare your answers to phone records.

    • Don’t say “never” or “always” unless you’re 100% sure.

    • Don’t speculate about the collector’s internal policies or training.

    • Don’t get drawn into arguments — it only helps the defense.

    7. After the Deposition

    • Review the transcript for accuracy.

    • Work with your attorney to address any points that need clarification or correction.

    FDCPA Deposition “Hot Seat” Practice Q&A

    These are the types of questions a debt collector’s attorney will ask in an FDCPA case. They are designed to test your memory, catch contradictions, and downplay your harm. Practicing them ahead of time helps you stay calm and give accurate, consistent answers.

    1. Background Questions

    Q: Please state your name, address, and date of birth for the record.
    Trap: None — standard opening.
    Tip: Answer factually and briefly.

    Q: Have you ever gone by any other names?
    Trap: They may use this to pull more credit records.
    Tip: Only list names you’ve actually used for credit or legal purposes.

    2. Debt Details

    Q: Do you owe the debt in question?
    Trap: They want an admission of liability for the debt itself.
    Tip: If you dispute it, say “I dispute the debt” or “I don’t believe it’s valid.”

    Q: When did you last make a payment on the account?
    Trap: They may try to reset the statute of limitations.
    Tip: Only answer if you clearly recall — otherwise say “I don’t recall exactly; I’d have to review records.”

    3. Contact Frequency

    Q: How many times per week did we call you?
    Trap: If you give a number inconsistent with phone records, they’ll argue you’re exaggerating.
    Tip: Use ranges: “About X to Y times per week, to the best of my recollection.”

    Q: Did we ever call you before 8 a.m. or after 9 p.m.?
    Trap: They’ll compare to call logs.
    Tip: If you’re unsure, don’t guess — say “I believe so” only if confident.

    4. Harassment & Conduct

    Q: Did our representatives ever raise their voice or threaten you?
    Trap: If you answer “yes,” they may ask for exact wording and try to show it was not threatening.
    Tip: Stick to what you remember exactly; avoid summarizing in ways that could be twisted.

    Q: What words did they use that you consider threatening?
    Trap: They want exact quotes.
    Tip: If you remember specific language, state it; if not, describe the tone and message without embellishment.

    5. Workplace Contact

    Q: Did you ever tell us not to call you at work?
    Trap: If you didn’t, they’ll claim the calls were lawful.
    Tip: If you did, give the date/method; if not, don’t invent one.

    Q: Did your employer ever speak to us about your debt?
    Trap: They’ll use this to argue third-party contact didn’t happen.
    Tip: Only answer if you know for certain.

    6. Written Communication

    Q: Did you send us any letters?
    Trap: They’ll look for exact dates and content to challenge timeliness.
    Tip: If unsure, say “I believe so, but I’d need to see a copy.”

    Q: Did you keep envelopes from our letters?
    Trap: Postmark evidence can be important.
    Tip: Answer truthfully — lack of envelopes is common, just admit it.

    7. Damages

    Q: How exactly did our calls affect your health or emotional well-being?
    Trap: They want to minimize the harm.
    Tip: Be specific about stress, anxiety, sleep loss, work disruption — without exaggeration.

    Q: Did you see a doctor or therapist because of our calls?
    Trap: If you didn’t, they’ll argue your distress wasn’t serious.
    Tip: Even without medical visits, you can describe symptoms and their effect on your life.

    8. Prior Complaints

    Q: Have you ever sued another debt collector?
    Trap: They may try to paint you as “lawsuit-happy.”
    Tip: Answer truthfully but briefly — “Yes, once before” or “No.”

    Q: Have you filed complaints with the FTC, CFPB, or state AG?
    Trap: They’ll use these to cross-check your story.
    Tip: If you did, note that you have nothing to hide.

    Practice Tips for Clients

    • Stay Calm – The lawyer’s job is to rattle you.

    • Don’t Fill Silence – Wait for the next question.

    • Think in Facts, Not Opinions – Avoid guessing about motives or legal rules.

    • Use Your Records – If you documented calls, stick to your log.

    📄 Pro Tip: We can rehearse with you in a mock deposition so you’ve already faced the toughest questions before the real thing. This builds confidence and eliminates surprises.

    📞 Need Help Preparing for an FDCPA Deposition?
    At Ginsburg Law Group, we walk clients through mock questioning, review their documents, and make sure they are calm, confident, and clear when it matters most. Call 855-978-6564.