ordered to pay attorney fees. now what

Generally court-ordered attorney's fees become a judgment that's collectible the way other judgments are collectible - through levying bank accounts, garnishing wages, etc. Here. however, the court's contempt order specifies a payment date, and may result in further contempt orders and penalties if that order is disobeyed.

Full Answer

What happens if you don't pay a judgment?

If they are ordered to pay a judgment and do not, they can be found in contempt of court. What’s more, all the money spent to recover the judgment, including legal fees, is tacked on to what they owe, and sometimes interest as well. There are cases where people have had to pay several times their original judgment was because of their obstinance.

What is the law in California regarding fees?

In California the law requires attorneys, before suing a client, to invite the client to submit a fee dispute to the non-binding arbitration, conducted by the county bar association. Many fee disputes are resolved by this method. [ 1]

What does it mean when a court case is ordered by a jodge?

If your counterparty is ordered by a jodge after a court case to pay your attorney’s fees, that means that you won the case. Congratulations!

What does it mean when a lawyer has a low flow of clients?

A lawyer with a low flow of clients means that he is not very good at what he does. Consider that a successful lawyer would have a lot of clients from where he can gain what he lost with you, meanwhile the one who goes to Court means that you are one of his few incomes.

What happens if a non-payor does not have the funds to pay?

If the non-payor claims that they do not have the funds to pay the Court would probably order a “judgement debtor exam” (could be called different things in different States) where the person entitled to funds could examine the debtor, under oath , to see if the person can’t pay or just does not want to pay.

Can a lawyer claim damages for nonpayment?

Moreover, the lawyer can go one step further and claim damages for the “suffering” which you caused him because of your nonpayment and even go more than that, claiming that because of your nonpayment instead of attracting new clients he now is in Court (which implies loosing business profits).

Can you go to jail for a crime?

You can only go to jail if you commit a crime. Crimes are explicitly written in a Criminal Code. Not paying something which you owe is called debt and debt is regulated by Civil Codes, not Criminal ones. One of the difference between civil law and criminal law is the sanction of not respecting the laws of the Code. On the criminal side there are harsh sanctions such as jail and on the civil one you have damages. Therefore, in this case, your nonpayment would imply only damages.

John Noah Kitta

i agree with the other attorneys, you are obligated to pay the bill, try and see if he will accept the reduced amount, if not decide if it worth your while to request fee arbitration with the State Bar or work out a payment plan.

Constantine D. Buzunis

Unfortunately you are the one who entered into the contract to pay your attorney not your ex-husband. Your attorney can collect from you and you would be responsible for collecting from your ex husband.

Christine James

You still owe the amount until your ex pays him. The attorney was removing it from your bill because your ex owed him but now that you switched attorneys, the amount is owed. Ask your attorney about these issues but if you're not represented then you can garnish the wages or file for contempt.

Does a nonpayment order expire?

The order does not expire. Yes there are interests and penalties that could be attributed to the non payment. What is his basis for appeal? If he did not show up but he had adequate notice, then he can't appeal based lack of notice. You could enforce by contempt if he has no excuse and is just being belligerent or you could file a writ and try to attach any bank accounts or other assets. But why aren't you asking your attorney to do all of this?

Can you go levy on Stanley Prowse?

The standard of proof is criminal -beyond a reasonable doubt, he had the ability to pay you, but he didn't. You can't just go levy on his bank account, if you could find it, because the order isn't a money judgment.

Is it possible to provide a meaningful response without a consultation?

This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.

Why do lawyers need to put contracts in writing?

A written contract prevents misunderstandings because the client has a chance to review what the attorney believes to be their agreement.

What are the biggest concerns when hiring a lawyer?

Attorney fees and costs are one of the biggest concerns when hiring legal representation. Understanding how attorneys charge and determining what a good rate is can be confusing.

What are the costs of a lawsuit?

Some common legal fees and costs that are virtually inescapable include: 1 Cost of serving a lawsuit on an opposing party; 2 Cost of filing lawsuit with court; 3 Cost of filing required paperwork, like articles forming a business, with the state; 4 State or local licensing fees; 5 Trademark or copyright filing fees; and 6 Court report and space rental costs for depositions.

What factors determine if a lawyer's fees are reasonable?

Factors considered in determining whether the fees are reasonable include: The attorney’s experience and education; The typical attorney fee in the area for the same services; The complexity of the case; The attorney’s reputation; The type of fee arrangement – whether it is fixed or contingent;

What is the first step in resolving a dispute with a lawyer?

The first step to resolving these disputes is communication . If there is a disagreement, clients and attorneys should first seek to discuss it and try to reach a mutually agreeable solution. Often, small disagreements balloon merely because both the attorney and the client avoided talking to the other out of fear.

What is the most common legal fee arrangement?

Hourly rates have traditionally been the most common legal fee arrangement. However, as technology changes and the practice of law evolves, it is more common to see “non-traditional” fee arrangements like flat-fee packages.

How often do attorneys bill?

Attorneys usually bill in 1/10 th of an hour increments, meaning you will be charged 1/10 th of the hourly rate for every 6 minutes the attorney spends on your case. The most common billing frequency is monthly, however, some attorneys will send bills more frequently, others less frequently.

What is attorney fee statute?

One type of attorney fee statute that's common in many states allows a judge to require attorneys' fees to be paid to the winning party in a lawsuit that benefited the public or was brought to enforce a right that significantly affected the public interest.

Why do judges use equitable remedies?

Judges can use an equitable remedy to require the losing side to pay attorneys' fees if they believe it would be unfair not to do so. (In law, equity generally means "fairness," and an equitable remedy is a fair solution that a judge develops because doing otherwise would lead to unfairness.) This type of equitable remedy—granting attorneys' fees to the winning side—is often used when the losing side brought a lawsuit that was frivolous, in bad faith, or to oppress the defendant, and the defendant wins.

What happens if you don't have the funds to pay your attorney?

If you don't have the funds to pay, your attorney will likely recommend bankruptcy. Attorneys' fees are generally dischargeable, meaning you can wipe them out.

What is a contract provision?

a contract provision call s for the payment of attorneys' fees, or. a statute (law) specifically requires payment of attorneys' fees by the losing side. If you're concerned or hopeful that your opponent will have to pay attorneys' fees, check (or ask your lawyer to check) if any exceptions apply to your particular case.

When do attorneys' fees get awarded?

It's common for attorneys' fees to be awarded when the contract at issue requires the losing side to pay the winning side's legal fees and costs. This usually occurs in a business context where the parties have specifically included an attorney fee requirement in a contract.

Do you have to pay attorneys fees in a lawsuit?

For instance, some states have laws requiring the losing side to pay attorneys' fees in lawsuits involving government entities or antidiscrimination laws.

When do you grant attorneys' fees?

This type of equitable remedy—granting attorneys' fees to the winning side—is often used when the losing side brought a lawsuit that was frivolous, in bad faith, or to oppress the defendant, and the defendant wins. Also, once in a while, a judge will grant attorneys' fees in cases of extreme attorney misconduct, to warn the offending attorney.

Who is the "Prevailing Party"?

Another issue that may arise in connection with a request for an award of attorney's fees is whether the person requesting the fee award is actually the "prevailing party."

How much does a prevailing party get in a judgment?

For example, if the judgment obtained is for $10,000, and the attorney's fees incurred to obtain that judgment are $8,000, the prevailing party will only net $2,000 unless a statute entitles that party to recover attorney's fees from the opposing party.

How much do attorney fees eat up?

Depending on the amount of money involved in a civil case and the complexity of the issues involved, attorney's fees can eat up a substantial percentage of any judgment you obtain in a successful lawsuit.

What are some examples of exceptions to the American rule?

Examples of these kinds of statutes include: civil rights laws that prohibit discrimination in employment and public accommodations. environmental protection laws.

Can an attorney's fee be awarded without a determination?

Some statutes permitting an award of attorney's fees to the prevailing party give the court discretion to make such an award based on whether certain defined factors can be established. Other statutes require the court to award these fees without making any independent determination about the propriety of a fee award.

Is attorney fees reasonable?

Whether the attorney's fees are "reasonable" typically requires proof that the fees charged are within the range charged by other attorneys in the community with similar experience and expertise. (Check out our Guide to Legal Service Billing Rates for more details.)

Who is responsible for the attorney's fees in a civil case?

Under what lawyers commonly call the "American Rule", the parties in a civil lawsuit are responsible for their own attorney's fees, unless a statute says that the prevailing party is to be awarded -- or is eligible to be awarded -- its attorney's fees from the other side.