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  1. #1
    deblynn is offline Junior Member
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    Unhappy post judgment interrogatories

    What is the name of your state? Texas

    I was awarded a $4000 judgment against the defendant in Small Claims Court and of course the defendant still refuses to pay. I believe post judgment interrogatories are my next step, but I have a few questions.

    1. Where can I find a form/template for these interrogatories? (I have done many searches to no avail.)
    2. Do I have to apply to the Court for permission to propound these interrogatories?
    A. If yes, do I have to send a copy of the application to the defendant?
    B. If no, do I just mail them to the defendant and send a copy to the Court?
    3. How much time is allowed for the defendant to answer them?
    4. Assuming he ignores answering them (which I'm quite sure he will), I assume the next step is filing a motion to compel answers? (but now I'm getting ahead of myself.)

    Any help is greatly appreciated.
  2. #2
    seniorjudge is offline Senior Member
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    Tell us what small claims rules you are using.

    If they are available on the web, give us a link.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    deblynn is offline Junior Member
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    The rules I'm using are contained in Texas Rules of Civil Procedure, Part V, Rules of Practice for Justice Courts, Rules 523 through 591, which can be found at [url]http://www.supreme.courts.state.tx.us/Rules/trcphome.asp[/url]

    Texas Government Code, Title 2, Subtitle A, Ch. 28, Sections 001-055 deals specifically with Small Claims courts, and that can be found at [url]http://www.peopleslawyer.net/smallclaims/texasstatute.html[/url]

    I read in Rule 621a under Discovery and Enforcement of Judgment, that after judgment the plaintiff is allowed to engage in discovery (i.e., interrogatories to defendant) for the purpose of of obtaining information to aid in the enforcement of such judgment.

    So I guess my question is, is there some type of form these post judgment interrogatories need to take? Ancillary to that, I think I understand that they do not have to be filed with the Court, but I am unclear on that.

    Thanks very much
  4. #4
    seniorjudge is offline Senior Member
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    [url]http://www.texasbarcle.com/materials/books/313/toc.htm[/url]

    This may help.


    Also, Google

    texas postjudgment interrogatories




    Most judgments in small claims remain uncollected due to the hoops the judgment creditor has to jump through.
    There are two rules for success:

    (1) Never tell everything you know.

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