Next step when defendant won’t submit interrogatories for judgement collection?
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Next step when defendant won’t submit interrogatories for judgement collection?
I was awarded a judgement in small claims court this summer. I have submitted via the courts the interrogatory to the defendant who has yet to return them and has no apparent desire to do so. I read that I could file a bench warrant for them and garnish his wages but I don’t know how to go about doing this or what my next step is.
Asked on September 4, 2010 under Bankruptcy Law, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When a party fails to respond to interrogatories, file a motion to compel and request sanctions. The motion to compel is to compel responses to the interrogatories. Sanctions are fines you can request from the court for the expenses you incur in preparing and filing the motion to compel. At the law library, look for motions in the index of Pleading and Practice. You will see the general format for a motion and there may be an example of a motion to compel further responses. Since you are filing a motion, you will also need to file a memorandum of points and authorities. At the law library, look for a book called Points and Authorities. In that book, look for points and authorities supporting a motion to compel.
In your question, it is unclear to me why you are still dealing with interrogatories when you already have a judgment in the case. Interrogatories are normally in the Discovery phase of litigation, while a judgment is the end of the case.
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