Post Judgment Discovery Texas

If a judgment was rendered against you, a creditor may send you post judgment discovery.  Usually these consist of Interrogatories in Aid of Judgment, Request for Production, and a Request for Admissions.

With this discovery, the creditor is seeking to obtain information about your assets so they can try to collect on the judgment.  If you receive this discovery, you only have 30 days to respond.  Many consumers may ignore the discovery which can result in big problems. Do not simply say “I don’t have anything so I won’t respond.”

If you simply ignore the discovery, then your right to object to anything is waived after the deadline to respond has passed.  Thus, all of the questions asking about every asset you have ever owned are all proper because you failed to timely object.  Secondly, the next step for the creditor is likely to file a motion to compel responses to the discovery.  If you fail to respond to the motion to compel, the judge will likely order you to respond, without objection, by a certain date.

If you ignore the court order to respond then you can get yourself in hot water because now you are not just ignoring the creditor, you are ignoring the judge.  The judge has the power to issue a “writ of attachment” to have you arrested and to appear in court and explain why you have not answered the discovery.  The judge could also hold you in contempt of court for not complying with their order and you can actually go to jail.  Often the court will sanction you by making you pay additional attorneys fees.  It is important to realize that a court sanction is different from the judgment and is most likely not dischargeable if you later file for Bankruptcy.

Another form of discovery is for the creditor to set a date and time to take your deposition.  The same rules apply as above if you decide to not show up.  The creditor can seek to compel you and hold you in contempt.

If you have a judgment that was rendered against you, please contact the law firm of Weston Legal PLLC by calling, emailing, or completing the contact form on this page.  We offer flat fees and payment plans.

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