Skip to main content

Can I ask court for sanctions against opposing party's attorney or have them pay my court fees for failure to cooperate?

Orange, CA |

I live in TX and am a medical resident with no free time. My ex filed a nocontest divorce in Ca I asked court for fee waiver and used it to file a response agreeing to nocontest divorce. Then she filed for a TSC never making any demands or telling me why I had a lawyer write a letter to her attorney after which he agreed to take the case off court's calendar. I signed and returned the stipulated judgement for nocontest divorce he sent me. I asked him many times to take TSC off courts calendar. he agreed in writing to do so twice but never did. He never showed up to the hearing either. I didnt show up as i was under assumption the case was off calendar Now i received a letter from court asking for all the waived court fees bc of my no show. what can i do now as it was clearly not my fault?

Attorney Answers 2

Posted

Respectfully, you assumed too much. Your ex spouse's attorney is under no obligation to you. If no one showed up at the hearing, the TSC probably did go off calendar. Your options: appropriately respond to the letter or pay your filing fees. One, the TSC, may have absolutely nothing to do with the other, i.e., your responsibility for filing fees.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

Mark as helpful

2 lawyers agree

Posted

You ask a lot of questions here -- whether you can ask for sanctions (and, implicitly, whether such a request would be granted), as well as what you can do to seek reversal of a potentially adverse action.

It seems to me that you need more help than the volunteer attorneys can provide. We are inherently limited by the facts you share, and can't provide much more than general advice. (It would be similar in your profession; if someone asks if a fever of 103' is serious, you can say yes, but if they ask if they have meningitis based on aches in their knee, you probably can't answer that without running tests.)

The questions you ask are very important and very specific to the facts of your case, so I'm afraid I can't provide any guidance to you beyond "find, and hire, a local family law attorney."

I can be reached at (913) 735-9320. These answers do not constitute legal advice, because legal advice is paid for. These answers are, instead, practical suggestions for dealing with legal problems, and provided for informational purposes as a free public service. Any reliance thereupon is at your sole risk. Since suggestions to legal questions are usually fact-dependent; my answers are general and based on the facts as you describe them and necessarily includes assumptions. More specific answers can be provided only after researching the appropriate law and a comprehensive consultation in which all relevant facts are disclosed. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Until both a retainer agreement is executed and we have a consultation, I am not your lawyer and you are not my client. Moreover, I cannot be your attorney unless you are located in Missouri, the only state in which I am licensed. If you are not in Missouri, please consult an attorney in your state for assistance, as my advice may be incorrect or incomplete.

Mark as helpful

1 lawyer agrees

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics