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Questioning defendant when he hasn't answered the complaint

Tallahassee, FL |

Is there a legal way to make a defendant answer questions even though he has never responded to the complaint? I know that a default judgment is the next step after a defendant has failed to answer but is there a legal way to get him to respond? I find his information more valuable than a default judgment actually. Can I subpoena him, get the cops involved? Please let me know.

Attorney Answers 3

  1. If you can default, by all means do so. If defaulted, then the next step would be a final judgement, wherein you win.

    Note: The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

  2. The default judgment is usually the desirable outcome.

    However, IF you propounded interrogatories as well as filed the complaint, you can file a Motion to Compel Answers.

    This sounds as if you may wish to consider retaining counsel.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

  3. Getting a default judgment is one way of getting a defendant to respond. The defendant will have to go to court and get it set aside. Otherwise, you could begin executing on the judgment, such as filing a lien, garnishing wages. etc. If you did file discovery with the summons and complaint, then a Motion to Compel is the next step. No cops. You may want to consult with an attorney in your area on how to proceed.

    DISCLAIMER: Any information contained herein is intended for general informational purposes only. The information should not be construed as legal advice and does not create an attorney-client relationship. Any response given does not result in any further obligation to provide an additional response. Seek competent legal counsel for advice on any legal matter.

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