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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex filed a motion for contempt because i havent paid the

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My ex filed a motion for contempt because i havent paid the supposed past due rent that was written into our declaration concerning validity. It was a bogus debt to begin with, and i have bank statements to prove my checks were direct deposited into our joint account which he controlled. But still I am worried about court. Should I file a petition/motion to modify the original order? Also, we both have restraining orders that say no contact even through a third party. how can I pay if I cant contact?
If you have proof you paid the money in the form of your direct deposit information, then you need to do two things. First, file an Objection/Motion for Sanctions under Rule 11 and second (optional) file a separate Motion to Modify Order.

For both motions you begin by copying the header from a previous court document with the court name and case name/number.

First - Under the case caption title the document "Objection to Motion for Contempt and Motion for Sanctions under Rule 11"

Then set forth the date of the original order and the dates of payments made and attach your proof that the payments went into a bank account by direct deposit and set forth that he was the only one who had control of the account.

Then set forth that he knew or should have known the payments were made and his motion for contempt was filed frivoulously and with the sole intent to harrass and annoy in violation of Rule 11, which states: "that a district court may sanction attorneys or parties who submit pleadings for an improper purpose or that contain frivolous arguments or arguments that have no evidentiary support. Rule 11. Signing of Pleadings, Motions, and Other Papers;

Representations to Court; Sanctions

(a) Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.

(b) Representations to the Court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances,-

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation. (1) How Initiated.

(A) By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). It shall be served as provided in Rule 5, but shall not be filed with or presented to the court unless, within 21 days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.

(B) On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.

(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.

(A) Monetary sanctions may not be awarded against a represented party for a violation of subdivision (b)(2).

(B) Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.

(3) Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.

Then sign the document and put your contact information. Under that, put "certificate of service" and then the date and opposing party to whom you send a copy and sign that. Send the copy to the opposing party and file the document with the clerk of court and get another copy stamped as proof of filing by the clerk.

Second, if you choose to move to modify the order. Follow the same steps above execpt title your document Motion to Modify Order.

Then set forth the specific part of the order you are seeking to modify and the date the order was issued. Next set forth the specific modification you are asking the court for and your reasons for wanting the order modified.

Finally, end the document in the same way as above.

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Customer: replied 8 years ago.
does this apply to washington state?
Rule 11 is the same in all states regarding sanctions.

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