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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37076
Experience:  30 years in civil, probate, real estate, elder law
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If I have to answer post judgment interrogatories do I have

Customer Question

If I have to answer post judgment interrogatories do I have to disclose my business accounts? Do they have to right to that since its a personal judgment and not a business one? I have a few accounts that are business and a few personal ones that also have other peoples names on it. What is my recourse to protect myself and others I may have accounts with?
Also, I no longer have an attorney and the opposing counsel sent it to my last attoney and then sent it to me with the expectations that I have one day to answer before he takes me to court. Shouldn't I have 30 days to answer once I receive it?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I have attached the letter and the post judgement questions if that helps any.
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Yes you have to disclose the accounts here.Any accounts here with your name on them or any business that you have ownership interest in are required to be disclosed under Texas discovery rules.You need to get your name off of anything you don't want them to come after here with a bank levy and quickly.

Here if they served your lawyer of record here at the time of service you need to answer these timely.What they are trying to do here is that if you file to answer the interrogatories they will get a contempt pick up order and pick you up and hold you in contempt until you are brought in front of the judge.

You are in a tough dilemma here, you need to get your name off the business accounts and any joint accounts, the other lawyer here can and will levy on the accounts.You will be notified after the fact which is not a good thing.

You may need to transfer the accounts, go to cash only, otherwise conceal anything you have.

These guys are serious expect a motion for contempt if you do not answer these timely here and completely.

You may be looking at Chapter 7 here to discharge the debt.You may want to consider this here as a way out of this.

I appreciate the chance to help you tonight.Please let me know if you have me follow up.Thanks again.

Expert:  Ray replied 1 year ago.
Customer: replied 1 year ago.
they can go into a LLC business account and levy funds even if I am only a signatory and not a listed LLC partner?
Customer: replied 1 year ago.
He has not been my attorney on record for over a year. Does that change anything?
Customer: replied 1 year ago.
Is this judgment eligible for bankruptcy?
Expert:  Ray replied 1 year ago.

No but they can ask you about the account and you have to answer.They are also allowed to question you about it, but again if you aren't a partner they cannot touch it.

You have to understand the scope of discovery here in Texas--it doesn't have to be relevant which it would not be but only lead to relevant information, basically they can ask about anything here and you have to answer , but then it isn't relevant , this account would not be levied.

And yes Chapter 7 here would discharge your debts and allow you to start over.You might want to consider it here.It would be the way out.

Thanks again.

Expert:  Ray replied 1 year ago.

If you answer them fully and timely you will be fine using the forms above.Again they cannot touch an LLC if you have no ownership interest or income from it.

Expert:  Ray replied 1 year ago.

Thanks again..

Customer: replied 1 year ago.
What if I have been paid from that account for services rendered?
Customer: replied 1 year ago.
If I remove my name from it before I send answers can they retroactively take funds or levy the account?
Expert:  Ray replied 1 year ago.

Only the funds in accounts in your name or a company you have ownership interest in are vulnerable to bank levy.

Expert:  Ray replied 1 year ago.

And no they cannot.

Expert:  Ray replied 1 year ago.

It is no longer an account in your name.

Expert:  Ray replied 1 year ago.

Thanks for letting me help you and the best here.

Expert:  Ray replied 1 year ago.

If you can positive rate when we are done it is always much appreciated.

Customer: replied 1 year ago.
If I don't answer by tomorrow will I be subject to attorney fees or can I delay a bit?
Expert:  Ray replied 1 year ago.

I would contact them tomorrow.I would ask for a Rule 11 extension to respond..

A Rule 11 Agreement is an agreement which is made in compliance with Rule 11 (no big surprise there) of the Texas Rules of Civil Procedure. Rule 11 says that an agreement between the attorneys or parties involved in a law suit can be made enforceable and binding in one of two ways:
(1) if it is in writing, the agreement must be signed by the attorneys or parties making the agreement and it must be filed with the papers of the Court; or
(2) if it is not in writing, the agreement must be made (stated) in open court (while court is in session) and made part of the official record of the case.

The Rule 11 Agreement must be clear and complete. Written agreements can be typed or hand-written. If oral, the record must show that all parties consented to the agreement.

Customer: replied 1 year ago.
This attorney will refuse. He's done everything to make my life miserable and will continue to do so
Expert:  Ray replied 1 year ago.

Then answer him here.They cannot hold you in contempt here if you answer them .Give them something tomorrow.

Expert:  Ray replied 1 year ago.

Best you can do here to protect yourself.

Customer: replied 1 year ago.
Can I just answer NONE to all the answers?
Expert:  Ray replied 1 year ago.

Then they file a motion for contempt here.Not a good idea.

Customer: replied 1 year ago.
I still just don't understand if I don't have an attorney why I only have two days to answer his request? Why wouldn't I be entitled to 30 days?
Expert:  Ray replied 1 year ago.

They served your lawyer here.You can seek an extension here for more time to answer from the courts or a Rule 11 from the other lawyer.Ask for a week here from the other lawyer.Worst that happens is he doesn't agree. Your lawyer was served here, he did not do you any favors he left you high and dry.

Expert:  Ray replied 1 year ago.

You don't get a fresh 30 days unless the judge grants an extension or the lawyer will give you more time here.

Customer: replied 1 year ago.
But he is no longer my attorney. I don't understand. He told that attorney he wasn't mine two weeks ago per that attorney and yet he waited almost two weeks to send me out my own notice.
Customer: replied 1 year ago.
Can I go down to the court tomorrow and ask the judge and not the attorney?
Expert:  Ray replied 1 year ago.

I agree that the court might well give you an extension.You can ask the judge for more time telling him your lawyer quit.The judge will likely extend it.

Expert:  Ray replied 1 year ago.

Tell him you are working on it ask for week to 10 days.

Expert:  Ray replied 1 year ago.

Good luck with this.I appreciate the chance to chat and help.