Fifth Amendment Privilege During a Deposition in Aid of Execution

The Florida 2nd District Court of Appeals recently reviewed the nature of the 5th Amendment’s privilege against self-incrimination in the context of a deposition in aid of execution in the case of De Leo v. Wachovia Bank, NA, 32 Fla. L. Weekly D 226 (2nd DCA 2007). The Court held that the debtor was entitled to invoke the Fifth Amendment privilege if he has reasonable grounds to believe that his answers would provide a link in the chain of evidence needed to prove a crime against him.

Jordan E. Bublick, Attorney at Law, Practice Limited to Bankruptcy Law, Board Certified Specialist in Consumer Bankruptcy Law (American Board of Certification), Member of the Florida Bar since 1983