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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33555
Experience:  Retired (mostly)
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Socrateaser: I filed a motion for sanctions against my petitioner

Customer Question

Socrateaser:

I filed a motion for sanctions against my petitioner wife plus a proposed order for sanctions but her attorney has not responded to the motion and I am wondering why.
Submitted: 2 years ago.
Category: Family Law
Expert:  JerrySJD replied 2 years ago.

JerrySJD :

They are waiting for the Motion to appear on the court calendar, which should be soon. They will fight your Motion at that time. They are not obligated to respond, but they must appear in court or they could lose the motion based on default.

JerrySJD :

Keep an eye out for the court notice that the Motion will be heard. You want to be there!

Expert:  socrateaser replied 2 years ago.
Thank you for requesting me personally. My colleague is apparently new to the website, and may not be aware that some customers want to correspond only with specific experts. That said, you asked:

I filed a motion for sanctions against my petitioner wife plus a proposed order for sanctions but her attorney has not responded to the motion and I am wondering why.

A: Based upon our previous conversations, it's probably because the attorney doesn't want to do any additional work unless he/she is paid by your ex. Also, an attorney who doesn't have a good substantive argument against a motion may simply decide to "wing it" in court, and try to convince the court on an emotional basis to give his/her client a break. The attorney doesn't want to go on record as to why he/she never responded timely in the first place. So, he/she will show up in court and throw ever non-legal argument possible at the judge in 3 minutes -- hoping that something will stick to the back of the courtroom wall.

I realize that your spouse is purportedly great at convincing others in person, but you can't do anything other than stick with the facts, and hope that the judge will rull based on the law, rather than emotional arguments.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33555
Experience: Retired (mostly)
socrateaser and 4 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
So I guess I will continue to wait at the mailbox. Seems too easy. Hard to imagine with so much money on the line that my wife would put herself in that position but she's not one to follow the rules ... because she is a one percenter.

If sanctions are granted I doubt even then that she will want to settle because she will go to her rich friends and they will advise her on how to throw me deeper and deeper into the bottom part of the 99% at trial.

To: JerrySJD (copy to Socrateaser)

I always address my questions to "Socrateaser" because he is a brilliant attorney who has a unique ability to explain without talking down to me or criticizing me when I write or ask something stupid (which is often).

Please check with the Just Answer folks so that you completely understand the protocol. Thanks. Ron
Expert:  socrateaser replied 2 years ago.
I have known judges who simply don't want to rule, and especially not against a lawyer who appears to be acting in a dilatory manner -- because every judge knows that case management is a pain, and sometimes things just get done late.

However, you have done everything possible to move the case along and your opponent has pretty much done nothing at all. So, I'm not sure what more you can do at this point.

Best wishes.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33555
Experience: Retired (mostly)
socrateaser and 4 other Family Law Specialists are ready to help you

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