QUESTION
Can I submit the Notice of Entry of Judgment without my attorney?
Asked on Jul 18th, 2014 on Divorce - California
More details to this question:
In 2012, my ex and I went to court. The court entered a judgement in our divorce but my attorney never submitted the notice of entry of judgment which I now need to close on a house. I do still owe her a balance and should probably talk to her since it's things like the aforementioned that have kept me from paying her. But she will not sign off as my attorney and the court will not accept a substitution of attorney. I read that I should be able to submit the NOEOJ without my attorney as I will not be needing court representation. Is this true? If not then HELP!
3 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The court will probably not accept the papers without the attorney's caption on the pleading. You need to agree to pay your attorney out of the sale of the house. You can report the attorney to the State Bar.
Answered on Jul 22nd, 2014 at 2:45 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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As long as your attorney is the attorney of record, you can't do anything. Your attorney should execute a substitution of attorney at your request. She cannot hold your case hostage for the failure to pay. If you owe her money, file a fee arbitration with the LOCAL bar association. They will probably advise your attorney to execute the substitution of attorney and the attorney has to turn over the file.
Answered on Jul 22nd, 2014 at 6:11 AM
Domestic Law Attorney serving Vista, CA
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Ralph L. Williams
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You must submit a Judgement of Dissolution with the Notice of Entry of Judgment form. The Notice of Entry of Judgment form is only the notification that a judgment has been entered. Either your attorney or the attorney for your former spouse should prepare and submit the Judgment with the terms as entered by the Court in 2012. Your attorney has a ethical duty to prepare the Judgment if the attorney was ordered to prepare it or if the attorney agreed to prepare it at the court hearing. Also you have a right to demand that the attorney sign a substitution of attorney if they will not prepare the Judgment. If not you can file a complaint with the California Bar.
Answered on Jul 22nd, 2014 at 6:11 AM