How to file a sanction?

[deewa]

What is the name of your state? Colorado
Not even sure if this is the right forum to ask this question, but here goes.
Going pro se, how do I go about filing a sanction against my ex's attorney? Long story, but was told I might look into this by the attorney regulation counsel, after I filed a complaint with them. any help will be appreciated, thanks.

 

[stephenk]

you don't file for a sanction, you file a motion seeking sanctions against the attorney and/or your ex. Sanction for what?

 

[deewa]

that's what I meant to say, sorry, motion for a sanction, anyway, here's the condensed version: my ex went to court to modify in April, I was never notified of the hearing, consequently never attended the hearing, so his request for sole custody, CS, etc was granted by default. My ex waited the 15 days after the hearing, and sent me an e-mail telling me everything had changed. I filed an objection to the motion, a motion for review, had tons of evidence( that I had gotten personally from the file at the courthouse,) proving that his lawyer, was sending correspondence to an ancient address, even though his certificates of service had my current address on them.I changed my address with the courts about 2 years ago. 65 days after the hearing, it was vacated (yeah!) based on non-notification of hearing. I filed a complaint with the attorney regulation council, his lawyer claims clerical error, since he did not personally sign the certificates of service, and though he is ultimately responsible for his staff, he can still claim clerical error (9 x, just to me? just on this case?) so the attorney regulation council dismissed my case, and although they think it fishy too, just not enough evidence to hold HIM responsible, under certain "rules of professional conduct".
They did mention I might look into filing a motion(s) for sanction. Just to let the magistrate in our case know what has been going on, I guess. This is the same magistrate who heard our divorce back in 1996, and has thrown out serveral other attempts by my ex, and his same attorney. We, since 1996,currently have joint decisions, joint custody, no CS. We live in the same town, 20 minutes away from each other. My ex is a control freak, to epic proportions, my daughters are 15, and 16 yrs old. Hope I have given enough background, I cannot afford an attorney, and was able to do this all pro-se. Any assistance would be appreciated, thanks, ( as I understand it, sanctions are a sort of penalty, financial or otherwise, is this correct?)
Dee

 

[stephenk]

so file a motion for monetary sanctions against your ex and his attorney for the baseless motion and the failure to properly serve the motion. ask for the money you spent on having to set aside the order, etc.

good luck.

 

[deewa]

Thanks Stephenk

What do I base the $$ on? since I was pro se? I did spend many many hours, preparing my objection, and gathering evidence from the court house, can I also ask for $$ because I did not get to see my daughters for those 65 days? can I ask that he "make up" those days to me? what is the official title of my motion? "Motion for sanctions"? can I do both at once? Ex and his attorney? I would bet that the ex spent over 8K on this attempt.

Do you think I have a chance?
Thanks for the info, and imput.

 

[stephenk]

you may need to consult with an attorney to at least get specific statutes that allow monetary sanctions for failure to win motions, sanctions for you having to set aside the default (use your hourly rate for work as a guideline for the court on your $$ worth), filing false documents with the courts, failure to give proper notice, etc.

 

[deewa]

Thanks Again Stephenk

Good Advice, thanks, alot, I will look into it.