Texas Motion to Compel: Involving the Court to compel the debtor to comply with post-judgment discovery.
Frequently we see judgment debtors will not answer the written discovery we send them. At that point we will file a motion to compel. This document asks the court to order compliance with the requests we have made. In a Texas motion to compel the judge is supposed to award attorney’s fees. But in our practice we see that the judge frequently awards attorney’s fees to the client for the cost of the motion, but not every time. Courts tend to be inconsistent in the application of the attorney’s fee rule in a motion to compel.
Normally, the judge will give the judgment debtor between two weeks and four weeks to answer the questions. This is an important step in the collections process. We are working our way towards obtaining an order of contempt against the judgment debtor. That is frequently the point at which these matters resolve fully. So we move as quickly as possible at this point.
- The Abstract
- Writ of Garnishment
- Post-Judgment Investigation
- Post-Judgment Written Discovery
- Post-Judgment Deposition
- Motion to Compel
- Motion for Contempt
- Arresting the Debtor
- Discovery Has No Limits
- Motion for Turnover
- Appointing a Receiver
- Writ of Execution
- Property Exempt from Execution
- Spousal Property
Questions About Motions to Compel
What is a motion to compel and when do you file one?
A motion to compel is filed when a judgment debtor fails to answer our post-judgment written discovery — the interrogatories and document requests we send after a judgment is entered. The motion asks the court to order the debtor to respond. It is a necessary step in the escalation sequence toward contempt, and we file it promptly when discovery is ignored.
How long does the court give the debtor to comply after a motion to compel is granted?
Typically between two and four weeks. The judge sets a deadline for the debtor to provide full responses. That deadline matters — if the debtor misses it, we move immediately to a motion for contempt.
Do you recover attorney's fees when you win a motion to compel?
Texas courts are supposed to award attorney's fees on a successful motion to compel, but in practice courts are inconsistent about it. We pursue fee recovery when available, but we do not rely on it as the primary objective. The real value of the motion to compel is not the fee award — it is the next step it enables toward contempt.
Why is the motion to compel such an important step?
Because it is the bridge to contempt. A debtor who ignores written discovery is frustrating but not yet in crisis. A debtor who then ignores a court order is in contempt of court — and that is a situation with real personal consequences, including potential jail time. The motion to compel is what creates that court order, and the court order is what gives contempt its teeth.
Can a debtor avoid a motion to compel by providing partial answers?
Incomplete or evasive answers do not satisfy discovery obligations. If a debtor provides responses that are materially deficient — answering some questions but not others, or providing answers that are technically responsive but clearly designed to conceal — we address that in the motion to compel and ask the court to require complete and specific responses.