what happens if i do not pay court order attorney fees

Full Answer

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.

What happens if you don't pay your ex's attorney?

Failure to comply with ANY court order can have serious consequences, which may ultimately include incarceration, even if the order was for payment of attorney's fees. If you cannot pay because you don't have the money, you may ask for a payment plan or other accommodation, or may be able to work out an arrangement directly with your ex's attorney. However, failure to pay because you don't feel like it will likely result in an enforcement action, which can result, if you continue to refuse to pay, in your being incarcerated for up to 5 months and 29 days.

What are the consequences of disobeying a court order?

The consequences could be a fine, jail, fine and jail or just a reprimand with another Order to pay. If a reprimand with another Order, you might want to consider the consequences of not obeying the Courts Order for a second time. You may also have to pay her attorney fees if she has to go to Court to enforce the original Order.

How long can you be in jail for refusing to pay?

However, failure to pay because you don't feel like it will likely result in an enforcement action, which can result, if you continue to refuse to pay, in your being incarcerated for up to 5 months and 29 days.

How long can you be held in contempt of court?

Contempt means that you can be held in the custody of the sheriff for up to 6 months.

What happens if you fail to pay your court payment plan?

Courts charge defendants who fail to meet the payment plan—they must pay interest and additional fees. The court can also enforce additional penalties.

What can a court do to a debt?

In addition to imposing extra fees and interest, the court can: Send the debt to a collection program. When defendants lose contact with the court or miss payments, courts refer the debt to a collection program.

What Supreme Court case dealt with unpaid fines?

The key United States Supreme Court ruling dealing with unpaid fines, Bearden v. Georgia, 461 U.S. 660 (1983), says that only defendants who have money and refuse to pay can be sentenced to jail for violating the court’s order to pay the fine.

Why did the judge revoke Michael's probation?

At the probation revocation hearing, the judge finds that Michael is not willfully failing to pay his debt. Michael’s history of making payments and his current unemployment are evidence that Michael is unable, rather than unwilling, to pay. The judge reinstates and extends Michael’s probation to give him more time to find a job, and allows Michael to reduce his debt with community service (unpaid community work).

When the sentencing judge calculates the total debt owed by the defendant, the defendant must immediately pay the answer?

When the sentencing judge calculates the total debt owed by the defendant, the defendant must immediately pay the full amount or pay a fee to set up a payment plan with the court. But sometimes defendants fail to pay, or pay late. Courts charge defendants who fail to meet the payment plan—they must pay interest and additional fees. (See below for a discussion of when defendants might face jail or prison for failing to pay fines.)

What is the sentence for a misdemeanor?

Sentences for misdemeanors and felonies often include a fine, in addition to jail time and restitution. Sometimes the sentencing judge has no discretion as to whether to impose a fine, or the amount; but often, the judge has some leeway. Factors that influence the size of a fine include the seriousness of the crime, the defendant’s criminal record, ...

What happens if a defendant is delinquent?

If defendants remain delinquent, collection programs might garnish their wages or levy their bank accounts and tax refunds to force them to pay the debt. Place a lien on real property (such as a house). As a last resort, collection programs might try to force defendants to sell their homes to collect the debt.

What happens if you don't pay a court order?

If the payments are not made as the court or judge has intended or directed, the party who is owed the money can ask the court to require the other party to “show cause” to why the payments are not being made in order to prevent themselves from being held in “contempt” of court.

What happens if you get paid in a court case?

If you deserve some kind of payment from a court case or lawsuit involving domestic or family law issues (such as child support, alimony or medical expenses), there is legal recourse for which you can use to have the party that owes you payment comply with the court’s orders.

What is the term for a willful failure to comply with a court order?

The willful failure to comply with a court order is “contempt of court”. Contempt of court is punishable by an order to comply with the prior order. Repeated violations may be punishable by confinement (jail) until the requirements of the order are satisfied.

What is the difference between "show cause" and "contempt"?

“Contempt” is a legal term (often referred to as “Contempt of Court”) that is used when a party in a lawsuit has failed to do (or not do) what a judge has ordered. “Show cause” is the act of explaining why an action ordered by the court as not carried out or followed.

Can a court order one party to pay child support?

For example, a court may order one party to pay support to another via a lawsuit — maybe for child support or alimony payments or reimbursed expenses such as medical or schooling — and this order will be strictly enforced.

Is a willful failure to pay a court order a legal excuse?

If the lack of payments or carrying out orders is “willful”, then it is without legal justification or excuse. However, the party may “show cause” by proving they were disabled or simply could not pay. The willful failure to comply with a court order is “contempt of court”.

Can a child custody contempt order be filed?

Contempt orders can also be sought for noncompliance with nonmonetary child custody provisions. The procedure is the same: filing of a motion in the cause, obtaining a contempt order, and having a hearing to determine what amounts should be paid or what action should be taken. Often attorney’s fees are ordered as well.

What happens if a court orders a sanctioned party to tender payment?

If the order says the sanctioned party is required to immediately tender payment, or do so in a specified time, you could then ask the court to hold the sanction party in contempt or impose further sanctions.

Can the court strike the opposing party's answer?

It seems like the court has already unilaterally sanctioned the other party for not complying to discovery but you, as the aggrieved party, can also move the court to strike the opposing party's answer or if the opposing party is the plaintiff, move to have the case dismissed.

What happens if you don't comply with a court order?

When an order is entered by the Court, the parties to the action are required to comply with its terms. Failure to comply with a Court Order will result in a Motion for Contempt filed against you. If the court finds that your disobedience of the Order is willful, you will be held in contempt, you will probably face additional financial penalties ...

What to do if you are unable to meet your court order?

If you find that you are unable to meet your court ordered obligations, your first step is to seek a modification. Contact an attorney to determine whether your obligation is modifiable. For example, note the language that I used for the alimony provision above: “ $2,000.00 per month in alimony for five years which would terminate if your spouse died, remarried or engaged in a meretricious relationship”. The specific conditions at the end make this alimony modifiable. If the provision in my example was $2,000.00 per month in alimony for five years, then this would not be modifiable.

How much alimony do you have to pay if your spouse dies?

Pursuant to the Final Judgment and Decree, you were ordered to pay $2,000.00 per month in alimony for five years which would terminate if your spouse died, remarried or engaged in a meretricious relationship.

What to do if you are ordered to pay child support?

Just remember, if you are court ordered to pay alimony, child support, attorney’s fees or any other financial obligation and you find that you are unable to meet your obligations, your first course of action is to seek a modification if one is available. Call an attorney to find out! Pay what you can. Do not stop making payments. Even if the court finds that you are not in contempt you will still be obligated to pay what you owe. At least if you seek a modification, you can possibly reduce your future payment obligations.

Can you stop paying if you are not in contempt of court?

Do not stop making payments. Even if the court finds that you are not in contempt you will still be obligated to pay what you owe. At least if you seek a modification, you can possibly reduce your future payment obligations. “But I can’t pay!”.

How to dispute a bill from an attorney?

If you’ve received a bill from your attorney that you feel is unjust, then you can dispute the bill without having to take your lawyer to court. Before disputing your bill, review your initial fee agreement, which should include details on how often you’ll be billed and what the rates will be. Then, review your bill in light of the fee agreement, your own records, and your understanding of what your attorney has done. Try to pinpoint areas where you feel you were overcharged or discrepancies in times or services. Instead of formally disputing your bill right away, call your lawyer and ask them to review and explain the bill. If you still disagree with your bill, write your lawyer a formal letter explaining which fees you're disputing and why. If this doesn't work, check with your state or local bar association to see if they offer free arbitration services. To learn how to prepare for an arbitration hearing, keep reading!

What to do if you are allowed to have an attorney represent you during an arbitration?

Look for an attorney who is experienced in handling attorney's fees disputes. Make copies of any documents related to the fee dispute to take with you to the hearing.

What is the difference between arbitration and mediation?

With mediation, a neutral third-party works with you and your attorney to come to a compromise on the dispute, but he or she doesn't make any decision on the matter. If you choose arbitration, on the other hand, you will go before an arbitrator – typically another attorney or a retired judge – who will listen to both sides and make a decision.

What should be included in a fee agreement?

Your fee agreement should include details on how often you'll be billed, how costs will be computed, and the rates at which the attorney will bill for work completed.

What should be included in a letter to dispute a bill?

On the subject line of your letter, include the date of the bill you're disputing and the case name, if any, that relates to the services for which you were billed.

What to do if your bill doesn't go into detail?

Ask for a detailed accounting. If your bill doesn't go into detail regarding the charges, you should ask the attorney to provide you with one so you can better understand the charges.

Why is mediation better than arbitration?

The mediation process gives you a little more control over the final outcome than arbitration, because the mediator doesn't have the power to dictate a resolution to the case.