Defendant didnt answer interrogatories. Now what?

[cdbullandbear]

What is the name of your state (only U.S. law)? Pennsylvania

Hi there,

So as stated the defendant didnt answer the interrogatories. We didnt think he was. I know that we can demand that he answer them by court order? Ive heard of an execution but if he doesn't give us any info then how do we execute? He has put many of his assets in other family's name.

What is the next step?

Can't we get a warrant out for his arrest?

Also, he works for himself on a cash basis with his customers. How do we recover assest if he doesnt willingly tell us what he owns?

He owes us 31K.

Thanks,

Chris

 

[michandil]

You can bring a motion to compel. Another route to the evidence is to subpoena witnesses for deposition (and require that the witness bring documents in their possession outlined in the subpoena). Another idea, though, is to do a request for admissions rather than, or in addition to, your interrogatories. In the jurisdictions I know, a failure to timely respond to requested admissions is an admission of the statements. That often prompts a little attention. In any event, I'd say try a few channels and if they continue to refuse, go for sanctions, at least costs. Again, that prompts attention.

 

[menchari]

I concur with michandil.
Just read up on the different things suggested to see which would be the best.

 

[latigo]

I likewise agree but would suggest that before moving for an order to compel discovery, which order must be in place before sanctions can be imposed, that you serve the request for admissions.

Compose them in such a fashion that if admitted or deemed admitted because of the failure to respond, the opposing side will have scuttled their end of the lawsuit.