Legal Question in Family Law in California

I am pro per. I had 2 subpoenas properly executed and served on 2 companies for appearance at trial and production of documents (one employment records of ex husband and a very well known bank. Process server served in timely manner and notice to consumer provided and filed and proof of service filed. Neither parties showed nor were the important documents - resulting in a disfavorable judgement against me as those documents proved ex was working and hiding money in order to collect child support.

I asked for sanctions to judge and denied. Advised judge that of above and no contempt charge made by judge. Am I out of luck? I paid over $250 for service and reps for company acknowledged the receipt. I have sent letters to both explaining they are in contempt of court by not showing and/or providing documents. Am I entitled to the costs and losses incurred due to them and how do I go about getting that done? The judge doesn't want to have me or my ex in his courtroom again any time soon


Asked on 1/10/10, 12:18 am

1 Answer from Attorneys

Obviously you did something wrong in the handling of the subpoenas or in the handling of the subpoena issue at trial. Without a transcript of the proceedings and all the documents, no attorney could begin to tell you where you went wrong and whether or not have have any recourse. If your ex really is working and hiding money, you could have recouped your attorneys fees after the trial. By not hiring an attorney to help you with this you wound up costing far more than you saved. Most family law attorneys will accept a limited scope representation, so you don't have to pay one of us to take over your whole case either. So your choices at this point are to hire an attorney to try to fix this, or you are out of luck. Sorry to be so harsh, and I usually encourage people to handle as much as they can themselves, but when you get into third party subpoenas and trials without even the advice and preparation assistance of an attorney, you are setting yourself up for this kind of thing.

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Answered on 1/15/10, 1:21 pm


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