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Big sanctions...

Los Angeles, CA |
Filed under: Litigation

My attorney got me sanctions when she didn't respond to a discovery request. She changed her office address and didn't update her new address with the court. The discovery request was sent to her old address and was never responded to. The sanctions were put on both her and I. I cannot afford to pay the sanctions at this time. The case is ongoing and will be going to trial. what should i do? are sanctions dis-chargeable in BK?

Attorney Answers 2

Posted

I'd require your lawyer to pay these sanctions, since this was entirely her fault, which she should have told the judge when opposing the motion. Does your fee agreement address who's responsible for sanctions?

You shouldn't have to file for bankrupcty protection over this, but if this isn't your only debt and you don't think you can pay off your existing debts within 5 years, then you should consult a bankrupcty lawyer.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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2 comments

Asker

Posted

The attorney substitued off the case very shortly after the sanctions. She refuses to pay it. ... I have other substantial debts and was wondering if the sanctions could be added to the creditors. Thank you for your answer.

Pamela Koslyn

Pamela Koslyn

Posted

Yes, the sanctions are just another judgment against you. If you're the defendant in your lawsuit and the suit isn't for fraud or some other intentional tort or for child support, you can file for bankrupcty and end the entire lawsuit.

Posted

I agree with Attorney Koslyn's response and response to your comment. The sanctions as well as any monetary obligation you might owe if you lost the case going to trial (unless the lawsuit is based upon fraud or an intentional tort) would be dischargable in bankruptcy.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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