what if i can't pay opposing parties attorney fees

If they are not paid on time you can contact opposing counsel to see about obtaining an extension. However, if they are unwilling they can begin proceedings to attempt to garnish bank accounts, wages, etc. They may also be entitled to obtain writs of seizure to seize various items of property such as cars, boats, etc.

Full Answer

Do opponents have to pay lawyer's fees in a lawsuit?

Oct 03, 2011 · 2 attorney answers. I agree with the previous answer. If they are not paid on time you can contact opposing counsel to see about obtaining an extension. However, if they are unwilling they can begin proceedings to attempt to garnish bank accounts, wages, etc.

Can the opposing party file a motion for attorney fees?

May 09, 2017 · 1 attorney answer Posted on May 9, 2017 The obvious answer is the amicus attorney will not get paid. The second answer is the amicus will have to raise the issue with the court. The third answer is the person who did not pay will have to answer tot he court which will get into the reasons why he or she did not pay the court-ordered amount.

What happens if a party fails to pay legal fees?

Jul 15, 2019 · This is usually done for two reasons: (1) to try to back off the objecting party by creating the risk that its own attorney fees will be discoverable, and (2) to argue to the court that the best evidence of what is reasonable is what the objecting party paid in litigating the same legal and factual issues in the case.

Can an attorney’s fees be shifted in a divorce?

After receiving the court order, it is between you and the opposing counsel to execute the payment of attorney’s fees. You could ask the court to issue an order to provide you with an explanation of the extra money to explain the difference and request that your attorney’s fees be covered for this expense as you were ordered to pay $3,000.

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.

What are the exceptions to the American rule?

Whether an exception to the "American Rule" will apply will depend on the type of case you're involved with and the state in which you live. For instance, you might have to pay when: 1 a contract provision calls for the payment of attorneys' fees, or 2 a statute (law) specifically requires payment of attorneys' fees by the losing side.

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.

What is an equitable remedy?

(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 is punitive damages?

Acted with gross negligence. Committed actual fraud. Punitive damages are designed to punish the defendant for this type of behavior. In cases where punitive damages are appropriate, attorney fees may be awarded to the plaintiff.

What are the factors that determine a lawsuit?

The two major factors that apply in such a case are: 1 The financial stability of each party to the suit 2 The reasonableness of each party throughout the proceedings, including the reasonableness of bringing a lawsuit in the first place

Can a plaintiff recover attorney fees?

For example, plaintiffs can often recover their attorney fees in malpractice cases. If the plaintiff is successful in their malpractice claim against, say, their doctor, it may be deemed to be in the interests of justice that they not have to pay for their own attorney, and, essentially, have to pay to get justice for having been the victim ...

What is statutory fee shifting?

One example of statutory fee shifting is in homeowners association disputes.

What is alimony pendente lite?

Also known as alimony pendente lite (meaning “alimony pending the lawsuit”), this form of spousal support is often provided in recognition that one party may not be able to meet certain financial obligations, including the ability to pay attorney fees, during a contested divorce proceeding.

What You Should Know About Attorney Fee Awards Before Litigation

As mentioned in our previous post “ Can I Afford an Attorney? ,” there are several statutes that require the losing party in a lawsuit to pay the attorney fees of the prevailing party.

The Pathway that Started it all

Imagine you hire a landscaper to install pavers in a pathway adjacent to your fence line. Before starting work, the landscaper has you sign a contract stating that full payment is due on completion of the project.

The Judgment

After months of contentious litigation, a judgment is issued in your case. You have prevailed on your $3,000 counter claim for damage to your fence, but the judge wasn’t very sympathetic with respect to the destruction of your veggies, and awards no damages.

What are the claims?

The first step of the analysis is to separate the lawsuit out into individual claims and determine which of those claims are fee bearing, meaning which of those claims attorney fees can be collected from.

Who Wins?

Rather than thinking of a lawsuit as having one winner and one loser, the court has made it clear that attorney fees can be awarded on a per claim basis to the “prevailing party” on each claim.