Post-judgment discovery is an inexpensive tool that can lead to an eventual finding of contempt if the debtor fails to comply. This written discovery forces the debtor to stay active. They must answer the discovery we send, and that can lead to contempt.
Once you have obtained a judgment you are allowed to send the judgment debtor written questions known as interrogatories and demands for documents to assist you in collecting a judgment. We normally send about 90 interrogatories and about 100 requests for production as we work towards determining the actual assets of the judgment debtor.
Frequently, the judgment debtor does not fully answer these questions and requests and at that point in time we proceed to motions to compel and motions for contempt.
Once we have obtained the information we need to make decisions about the correct process for collecting your judgment, we are then able to better advise you about the process that best suits your set of facts.
What Discovery Uncovers and What Happens Next
Written discovery is not a formality. It is intelligence gathering, and the intelligence it produces drives the enforcement decisions that follow.
When a debtor answers fully and honestly, the picture that emerges is usually enough to tell us exactly where to go next. A set of interrogatory answers might reveal a checking account at a specific bank, a receivable coming in from a customer, an interest in real property in another county, or equipment sitting in a warehouse that is not exempt from execution. Each of those answers points directly to a writ of garnishment, a writ of execution, or a turnover order.
Here is a concrete example. A debtor who operates a small supply company answers our interrogatories and discloses, because he is required to, that he is owed $40,000 by a customer on a completed project. That receivable is not exempt. We file a writ of garnishment against the customer before the payment is made, and the funds are captured before the debtor ever touches them. Without discovery, we do not know the receivable exists. With it, the collection is straightforward.
When a Debtor Answers Poorly or Not at All
Not every debtor cooperates. Some answer incompletely, providing just enough to technically respond without disclosing anything useful. Others ignore the discovery entirely. Both responses have consequences.
An incomplete or evasive answer, one that omits known bank accounts, understates income, or fails to disclose assets the debtor clearly has, gives us the basis for a motion to compel. We go back to the court and ask the judge to order the debtor to provide complete answers. Judges take this seriously. A debtor who has already been ordered to answer and still refuses is not in a technical procedural dispute. They are in contempt of a court order, and contempt has teeth. It can mean fines, the debtor being brought before the judge to explain themselves in person, or, in Texas, an arrest.
A debtor who ignores discovery entirely is often trying to outlast the creditor, to make collection expensive and frustrating enough that the creditor gives up. That is a strategy we are very familiar with, and it is one that does not work against us. We have the tools to respond to evasion, and we use them. A non-responsive debtor is not a dead end. They are the beginning of a contempt proceeding.
The links below describe each of those tools in detail.
- 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
Common Questions
What kinds of questions do you ask in post-judgment written discovery?
We typically send approximately 90 interrogatories and 100 requests for production. The interrogatories ask the debtor to identify all bank accounts, financial institutions, real property, vehicles, business interests, receivables, income sources, and any assets transferred within the past several years. The document requests ask for bank statements, tax returns, financial statements, business records, and anything else that would show where the debtor's money is. The goal is a complete picture of the debtor's financial life — not just what they volunteer, but what they are legally required to disclose.
What if the debtor lies in their discovery responses?
Discovery responses are made under oath. A debtor who lies in their answers — who omits a known bank account, understates income, or conceals an asset — has made a false sworn statement. Beyond that legal exposure, we compare discovery responses against other information we gather independently: public records, prior correspondence, and financial statements the debtor has produced elsewhere. Inconsistencies between sworn responses and other evidence are useful in court and in contempt proceedings. A debtor who is not truthful in discovery tends to make our case stronger, not weaker.
How long does the debtor have to respond to discovery?
Under Texas rules, a debtor generally has 30 days to respond to written discovery. If they fail to respond within that window, we move promptly to a motion to compel — asking the court to order a response and award us the costs of bringing the motion. We track these deadlines closely and do not let them pass without acting.
What happens after you receive the discovery responses?
We review everything the debtor discloses and compare it against what we know independently. If the responses reveal collectible assets — a bank account, a receivable, real property, business interests — we move directly to the appropriate enforcement tool: a writ of garnishment, a writ of execution, or a turnover order. If the responses are incomplete or evasive, we file a motion to compel. If the debtor ignored discovery entirely, we move toward contempt. In every case, the response — or the non-response — tells us the next step, and we take it.