Unless the agency has clearly indicated its intention to refuse the request, however, one option is for the requester to make an informal telephone inquiry regarding the status of the request is advisable if the response is not received within the time limit. More importantly, if there is any chance that the requester may choose to seek judicial review if the agency fails to respond to her FOIA request, contacts with the custodian of records should be made in writing. The written follow-up request for a timely response can be attached as exhibits to a FOIA complaint filed in court.
If the initial request was oral or was made to someone other than the official "custodian" of the records, a formal written FOIA request letter must be sent to the custodian — including a reminder that you will seek reimbursement for attorneys' fees if the agency's failure to respond necessitates legal action.