Q: Ex’s lawyer isn’t responding to emails and not filing final judgment.
My ex’s lawyer isn’t responding to my emails. We have had our MSA signed and ready to go for over 4 months now and he’s not filing the final judgment paperwork like he said he would after we signed it. What can I do to make him file it?
A: You have the option of preparing those documents yourself and submitting the judgment package yourself, if you already have a signed MSA.
A:
You have several options to move this situation forward since your ex's attorney isn't following through. First, you can try escalating your communication by sending a certified letter to the attorney's office, documenting your attempts to contact them and requesting action within a specific timeframe.
If that doesn't work, you can file a complaint with the California State Bar, as attorneys have professional obligations to their clients and opposing parties. However, before taking that step, you might want to contact your ex directly (if appropriate and permitted) to make them aware of their attorney's lack of response, as they're paying for these services and may be able to pressure their lawyer to act.
As a last resort, you can file the final judgment yourself - you don't have to wait for your ex's attorney. You can go to your local court's self-help center or family law facilitator's office, where staff can guide you through the process of filing the judgment. Once filed, make sure to serve copies to both your ex and their attorney to maintain proper documentation of the process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.