Opposing Attorney Threats

[snafu]

An opposing attorney sends a letter threating encarceration, jail time for non-payment? what do you call this?


What if the attorney knows that money is in bank but is held until QDRO (opposing attorney did QDRO) is complete yet still sends out a letter with threats and files show cause in court requesting that I be jailed for non-payment?

[Mr. Knowitall]

If you have a lawyer, you should of course have your lawyer remind the opposing counsel not to contact you directly. That would be a breach of ethics. But presumably you're representing yourself.

If you are not following court orders as a self-represented individual, and opposing counsel cautions you that your continued intransigence will likely inspire him to bring a contempt motion and seek sanctions and possibly incarceration, that would not be improper.

So what's the context?

[KeyWestDan]

If there is a legal proceeding, contempt might be possible, etc. as stated.

However, an attorney who threatens arrest or jail as an attempt to collect a civil debt is in fact committing a felony criminal offense.

[snafu]

a judge acknowledged my pro-se during a hearing and gave permission for opposing council and I to speak. This is was done properly in front of a judge. Even the attorney recognized my pro-se as she then sent me the threatening letters directly to my house. However the attorney will not share information with me as required. What do I file with the court now?

[Mr. Knowitall]

Again, if you are not following court orders as a self-represented individual, and opposing counsel cautions you that your continued intransigence will likely inspire him to bring a contempt motion and seek sanctions and possibly incarceration, that would not be improper.

I have no way of knowing what information the attorney "will not share" with you or how it might be relevant to your question.

[snafu]

I have requested the name or firm name of the court reporter that they had during three different hearings on three different motions. In each hearing the opposing attorney was told by the judge to file a new complaint and then call the judge for a conference call. The opposing attorney states she does not remember those hearings or the answers.

[Mr. Knowitall]

If you're talking about court proceedings, the names of the court reporters are on record with the court. The court's calendar entries should identify the court reporter. The opposing party has no duty to obtain for you information that is as available to you as it is to them.