My Ex Wife's Attorney, for a second time, has filed a false Proof of Service with the Court, claiming that I was served an OSC by mail when I was not. I found out about the cases only because I checked online. Clearly it is my word against his. I assume his intent was that I would not show for he Hearing and he would win by default. I am outraged.
My concern is that the Court or the State BAR will believe him because he is an Attorney. Can I file a complaint with the BAR in this situation? Would that be useful? Is there something I can file with the Court? If I can prove it will they impose sanctions against him? Advice?Thank you James. I could use some clarification. Do I send a letter to the Judge that will hear our OSC? Will the Judge actually get it? Her attorney in the past was able to send a private letter to the Judge, the Clerks have told me there is no way I can do that. Is there some kind of separate Motion that I would file? How do I proceed with the Court? Thank you in advance!!
You can report this type of behavior to both the Bar and the court in your specific case. However, that does not ensure that any specific action will happen. If you can prove it to the judge in the case, then there definitely is the possibility of sanctions. I can't advise what any particular judge is likely to do, but they would not look upon this type of behavior by an attorney favorably.
Yes, you will have an uphill battle both with the State Bar and Court. No a letter will not work. If intentional, not negligent there is a possiblity of sanctions or discipline, but proving intentional will be difficult.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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