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    hlzuma's Avatar
    hlzuma Posts: 13, Reputation: 1
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    #1

    Aug 22, 2012, 09:55 AM
    Response to Plaintiff's Interrogatories in Aid of Judgement TEXAS CIVIL CASE
    My husband received a Plaintiff's Interrogatory in Aid of Judgement. This stems from a civil case between he and an insurance company in Texas. I have several questions, if anyone has time to answer, it would be greatly appreciated.
    1. Does he have to answer at all?
    2. What if it has not been thirty days since the judgement was recorded?
    3. Is there a limit to the number of questions they can ask? There are 54! (I thought I read 15 was standard?)
    4. Does he have to answer questions about me (his spouse) when I am not named anywhere on the judgement?
    5. Does he have to answer questions pertaining to his income?
    6. Do we have to provide our accountant info?
    7. Can his wages be garnished?
    8. Is it best to be honest about our financial situation, in hopes that they might just leave us alone? It's grim..
    We have our home (homesteaded) and two cars. We know that these things cannot be taken away in Texas. We are a one income family with four children to support. We owe the IRS 25,000. We have a lien from a credit card company on another property which is in our name, and the lien is more than the property is worth.
    Thank you for your time and advice.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 22, 2012, 10:52 AM
    Quote Originally Posted by hlzuma View Post
    My husband received a Plaintiff's Interrogatory in Aid of Judgement. This stems from a civil case between he and an insurance company in Texas. I have several questions, if anyone has time to answer, it would be greatly appreciated.
    1. Does he have to answer at all?
    2. What if it has not been thirty days since the judgement was recorded?
    3. Is there a limit to the number of questions they can ask? There are 54! (I thought I read 15 was standard?)
    4. Does he have to answer questions about me (his spouse) when I am not named anywhere on the judgement?
    5. Does he have to answer questions pertaining to his income?
    6. Do we have to provide our accountant info?
    7. Can his wages be garnished?
    8. Is it best to be honest about our financial situation, in hopes that they might just leave us alone? It's grim..
    We have our home (homesteaded) and two cars. We know that these things cannot be taken away in Texas. We are a one income family with four children to support. We owe the IRS 25,000. We have a lien from a credit card company on another property which is in our name, and the lien is more than the property is worth.
    Thank you for your time and advice.

    I don't have the time right now to research TX law - BUT concerning #8, he is considering not telling the truth/lying when the information will be sworn to?

    Never a good policy and no one here will help you circumvent the law.

    I am reading that it HAS to be filed out, there is no limit to the number of questions and refusal to return it is contempt of court.
    hlzuma's Avatar
    hlzuma Posts: 13, Reputation: 1
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    #3

    Aug 22, 2012, 10:56 AM
    Thank you for your reply! As to #8, to clarify, I just meant should we lay all our cards on the table and let them know we're broke, we have no property they can legally have, so why are they bothering?? As the old Texas saying goes, "You can't bleed a turnip". We have nothing to give, so they are wasting time and legal fees pursuing us. Our credit already stinks.

    QUOTE=JudyKayTee;3245710]I don't have the time right now to research TX law - BUT concerning #8, he is considering not telling the truth/lying when the information will be sworn to?

    Never a good policy and no one here will help you circumvent the law.

    I am reading that it HAS to be filed out, there is no limit to the number of questions and refusal to return it is contempt of court.[/QUOTE]
    hlzuma's Avatar
    hlzuma Posts: 13, Reputation: 1
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    #4

    Aug 22, 2012, 10:57 AM
    Also, this was not delivered certified. It was attempted. But then sent via regular mail.
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    hlzuma Posts: 13, Reputation: 1
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    #5

    Aug 29, 2012, 05:56 PM
    Can I ignore a deposition in a Civil Matter?
    Can criminal charges be filed against a defendant who ignores a deposition? Does 30 days notice have to be given for a deposition?
    Thank you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 29, 2012, 05:58 PM
    Quote Originally Posted by hlzuma View Post
    Can criminal charges be filed against a defendent who ignores a deposition? Does 30 days notice have to be given for a deposition?
    Thank you.

    Where? In my State, yes, IF the person is ORDERED to appear.

    Time limit - I don't know where you are.

    EDIT: I just realized that this has already been covered. https://www.askmehelpdesk.com/search...rchid=18784413

    Your husband has decided to ignore the deposition? I already addressed service and what is and what is not "legal."
    hlzuma's Avatar
    hlzuma Posts: 13, Reputation: 1
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    #7

    Aug 29, 2012, 06:03 PM
    Texas.
    I am unable to open the link you shared...
    hlzuma's Avatar
    hlzuma Posts: 13, Reputation: 1
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    #8

    Aug 29, 2012, 06:08 PM
    This is the only repsonse I got from you regarding my questions about the Interrogatories(these are two separate documents), and while I appreciate your free advice and answers, I don't see the answers to anything...

    https://www.askmehelpdesk.com/other-...ml#post3245720
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Aug 29, 2012, 06:10 PM
    Quote Originally Posted by hlzuma View Post
    This is the only repsonse I got from you regarding my questions about the Interrogatories(these are two seperate documents), and while I appreciate your free advice and answers, I don't see the answers to anything...

    https://www.askmehelpdesk.com/other-...ml#post3245720

    "I am reading that it HAS to be filled out, there is no limit to the number of questions and refusal to return it is contempt of court."

    I'll let the Mods know that you can't open the link. I can.

    You admit you got the notice. I wouldn't argue that you didn't.
    hlzuma's Avatar
    hlzuma Posts: 13, Reputation: 1
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    #10

    Aug 29, 2012, 06:14 PM
    In a civil case, can criminal charges be filed for not attending a deposition?
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    hlzuma Posts: 13, Reputation: 1
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    #11

    Aug 29, 2012, 06:18 PM
    I am going to rephrase the question on another post with more information. Thanks for your response
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    hlzuma Posts: 13, Reputation: 1
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    #12

    Aug 29, 2012, 06:23 PM
    Can criminal charges be filed in TEXAS if a civil deposition is missed?
    If the deposition is missed can criminal charges be filed?

    Background: This is aTexas CIVIL COURT Matter, where a no evidence motion for summary judgement has already been filed and approved.

    Thank you.
    hlzuma's Avatar
    hlzuma Posts: 13, Reputation: 1
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    #13

    Aug 29, 2012, 06:26 PM
    Annoying you again... by ORDERED do you mean ordered by the judge? This was just sent by the plaintiffs attorney. Does not appear to be filed with the court.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #14

    Aug 29, 2012, 09:10 PM
    Quote Originally Posted by hlzuma View Post
    Annoying you again... by ORDERED do you mean ordered by the judge? This was just sent by the plaintiffs attorney. Does not appear to be filed with the court.
    If you refuse to attend the deposition, the plaintiff will move for a court order to compel you to attend. The judge can order you to attend and perhaps award the plaintiff the expenses incurred in obtaining the order. If the judge grants the order, and you refuse to obey such an order, several things could happen. You could be held in contempt of court or, the court might enter judgment against you for the relief demanded in the complaint.
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