Hi there, my husband and I were granted a judgment in our case, but the defendant keeps defaulting and not paying so we file a contempt with our attorney that cost us money. Once she receives the summons, she pays. Our attorney told us this 3rd time around to send a professional letter stating that she had until x date to pay or we would not only file contempt again, but she would be responsible for atty fees. We did this and sent certified mail, but she did not pay. We the. Filed another contempt a d she's sent in a payment, so our atty filed a continuance. However, how do we recoup the money we gave our atty from her since she pays just as she's abt to go to court no longer making her in contempt? Our atty has not been much help.
1 Answer from Attorneys
Perhaps you need to change attorneys. If people don't have money, they just can't pay, even if you want them to do so. In Indiana, barring a written agreement to the contrary,, each party bears their own attorney fees. Most debt collection is actually noncollectable. If the amount isn't great, just chalk it off to experience.