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Interroggatories in Aid of Execution

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ribsnhotsauce

Junior Member
What is the name of your state Florida (only U.S. law)?
On a Interrogotories In Aid of Execution and Requests for Addmissions and Documents this seems to me to be an awful lot of information to give a lawyer that is suing you and can be used against you, an unknown person at that. is there a way to postpone answering or not at all.? Can you plead the 5th Ammendment as not to incriminate yourself.?
 


cosine

Senior Member
What is the name of your state Florida (only U.S. law)?
On a Interrogotories In Aid of Execution and Requests for Addmissions and Documents this seems to me to be an awful lot of information to give a lawyer that is suing you and can be used against you, an unknown person at that. is there a way to postpone answering or not at all.? Can you plead the 5th Ammendment as not to incriminate yourself.?
Fromt the 5th:

"... nor shall be compelled in any CRIMINAL case to be a witness against himself, ..."
 

Chien

Senior Member
At the post-judgment stage, the permissible scope of discovery in aid of execution is any information that will lead or is reasonably likely to lead to the identification of non-exempt assets.

That’s a very broad field and covers enforceable assets and their source(s) and the reason(s) they would or wouldn’t be exempt. However, if you believe that inquiries exceed that scope, you formally object and allow the court to decide if a response is required, not required or required but limited in scope.

If you simply refuse to respond, you can be held in contempt. Any delayed response – e.g. to gather required information and/or documentation – must be with the agreement of the propounding party and should be memorialized. So the short answer is no ducking, no avoiding without valid cause and no taking the 5th.
 

annajosie

Member
Chien's response is absolutely right. You can be held in contempt if you do not answer the interrogatories.

I just wanted to add that I read these boards often and "Chien" gives the best information of anyone on this board. He (she?) is always courteous, kind and very knowledgeable
 

ribsnhotsauce

Junior Member
Thank You

OK that seems to be what everyone is saying and bacicaly do it an get get er done.Thanks for the replies, much appreciated.
Ribs
 

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