Notice Of Service Of Interrogatories In Aid Of Enforcement In Texas
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The responding party must serve a written response on the requesting party within 30 days after service of the interrogatories, except that a defendant served with interrogatories before the defendant's answer is due need not respond until 50 days after service of the interrogatories.
Interrogatories in Aid of Execution are up to fifteen (15) written questions to the debtor about their assets and income. The debtor is required to answer these questions under oath. You may serve interrogatories on the debtor through first-class mail.
Interrogatories are a discovery device used by a party, usually a Defendant, to enable the individual to learn the facts that are the basis for, or support, a pleading with which he or she has been served by the opposing party.
Discovery in aid of execution refers to legal procedures that allow a judgment creditor to gather information about a judgment debtor's assets and property, which may be used to satisfy a judgment. These procedures are critical for the effective enforcement of judgments.
“Interrogatory” is a legal word meaning “question.” The Form Interrogatories you received will list an Answering Party. Make sure that this is you. If it lists another party in your lawsuit as the answering or responding party, you do not need to respond to these requests. They are provided for your information.
If you do not answer the questions by the deadline, which is usually about a month, the other side could ask the judge to order you to respond to the interrogatories. If you miss the second deadline, the judge could impose a fine against you or strike your pleadings.
The original form interrogatories and signed proof of service should be retained for your records. If the other party does not respond to your requests, you may use these documents to support a motion to have the court compel responses.
A photocopy of your form interrogatories must be served on the attorney for the responding party or directly to the responding party if he or she is self-represented (in pro per). Courtesy copies should be served on all other attorneys or self-represented parties in the case.
The return, together with any document to which it is attached, must include the following information: (1) the case number and case name; (2) the court in which the case is filed; (3) a description of what was served; (4) the date and time the process was received for service; (5) the person or entity served; (6) the ...
(a) A defendant may propound interrogatories to a party to the action without leave of court at any time. (b) A plaintiff may propound interrogatories to a party without leave of court at any time that is 10 days after the service of the summons on, or appearance by, that party, whichever occurs first.