For a discussion of sanctions for failure to respond to interrogatories, see section 26.6 in this chapter and part VII. in chapter 18. Once the court has set a hearing, the attorney should ensure that the notice of hearing is complete and should send a copy of the motion and notice to the defendant or his attorney.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion to Compel Answers to Interrogatories in Aid of Judgment
1.Parties. Movant is [name of plaintiff], Plaintiff and judgment creditor in this cause, who moves that
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Select one of the following. Select the first option if the respondent is an individual. Select the second option if the respondent is a corporation, governmental agency, partnership, or association. |
Respondent, [name of individual judgment debtor], Defendant and judgment debtor in this cause,
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Or |
Respondent, [name of individual to whom interrogatories were addressed], as representative of Defendant and judgment debtor [name of entity judgment debtor],
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Continue with the following. |
be required to answer written interrogatories in aid of judgment pursuant to the provisions of rules 621a and 215 of the Texas Rules of Civil Procedure.
2.Facts. Judgment in this cause was rendered for [name of judgment creditor] against [name of judgment debtor] on [date]. The judgment has not been suspended by a supersedeas bond or by order of a proper court, and it has not become dormant under section 34.001 of the Texas Civil Practice and Remedies Code. On [date], Movant served written interrogatories in aid of judgment on Respondent in the time and manner required by law. Respondent did not answer the interrogatories within the time specified, and Movant has not received any communication from Respondent regarding any reason for this refusal to answer. Neither a motion for an extension of time nor an objection to any interrogatory has been filed as provided for by rules 191.1 and 193.2 of the Texas Rules of Civil Procedure. Respondent’s refusal to answer is without substantial justification.
3.Grounds. Under rule 215 of the Texas Rules of Civil Procedure, Respondent’s refusal to answer Movant’s interrogatories is grounds for this Court to enter an order compelling Respondent to answer.
4.Attorney’s Fees. As a result of Respondent’s failure to answer the interrogatories, Movant has been forced to employ the undersigned attorney to bring this proceeding to compel answers. Under rules 215 and 621a of the Texas Rules of Civil Procedure, Movant is entitled to recover reasonable expenses, including reasonable attorney’s fees, incurred in obtaining an order to compel answers to these interrogatories. Reasonable attorney’s fees for the services rendered and to be rendered in this regard are at least $[amount].
5.Prayer. Movant prays that—
a.the Court set this matter for hearing;
b.Respondent, after notice and hearing, be ordered to answer Movant’s written interrogatories in aid of judgment and to forward the written answers to Movant’s attorney of record within the time specified by the Court;
c.Movant be granted reasonable attorney’s fees of at least $[amount] incurred in obtaining the order;
d.Movant be granted reasonable expenses incurred in obtaining the order; and
e.Movant be granted all further relief to which Movant may be entitled.
[Name]
Attorney for Movant
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]