How can I remove an attorney as attorney of record?

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How can I remove an attorney as attorney of record?

I received a $55,000 judgement against the owner of a moving company. The 10 year judgement is nearing expiration. I want to renew the judgment and roll the accumulated interest into the extended judgement. I have mailed my lawyer asking him to remove himself but have not gotten a response. I have called but his number is no longer in service. I know he had a side business that was booming and I don’t think he is still practicing law but is still listed with the state bar. I don’t want to let this judgement lapse. Can I remove him and file the documents myself in court? There is no bad blood, I just can’t find him and I have a judgement at risk of expiring.

Asked on January 18, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to locate the attorney that you have is through the state bar website via most likely an online search. In the interim, the best way to get things in order for you is to get the renewal of judgment paper work in order and ready to file pending the location of the former attorney as well as a substitution of attorneys.

When found, simply ask him to sign the substitution of attorneys and if signed, you file the substitution of attorneys where you now represent yourself in the matter as well as the renewal of judgment with the court. You need to serve the renewal via mail and possibly in person on the judgment debtor.

If time is running, you might consult with another attorney to draft the documents I mentioned and to assist you in finding the former attorney.


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