Legal Question in Business Law in California

Re: lawyer sues me for money court ordered ex to pay him

Well, to start, you are primarily liable for paying your lawyer, even if the court has ordered someone else to pay the bill for you. If they fail to pay, you must do so and then seek reimbursement from the other. You seem to understand this, but I felt it worth repeating for anyone else who reads this response.

Legal disputes often arise over whether a defendant was served. One of the first things you (or your attorney) should do is check the court file in the fee case to see what is said by the plaintiff about when and how service of process was made on you. Such a check may be decisive in whether you have cause to challenge the judgment or not.

It's also possible that the debt has been satisfied by your ex in the meanwhile, which could explain why no attempt (?) has been made to enforce the judgment against you. If so, you may be entitled to a "satisfaction of judgment" from the judgment creditor.

Finally, you would be entitled to go after your ex for the $5000, but you may have a statute of limitations (time) problem. For that reason, you should take your entire file on this subject to a local attorney ASAP for an initial free consultation, stressing statute of limitations deadlines.

Re: lawyer sues me for money court ordered ex to pay him

The record has heard numerous arguments very much like yours in regard to judgments rendered against them in the past. Most atomic falls on deaf ears. He saying it isn't just one notice but numbers of notices which you would have missed. My advice is go to attorney who could possibly settle this matter for you. For instance, take years ex-husband court if he will not settle with you immediately. Even Small Claims Court and waive the overage over $5000. It may be worth it is your successful and are able to collect and do not have to pay attorney's fees because the Small Claims Court rules. Then take that money and try and settle with your prior attorney so it takes the judgment off your records. Make sure you get a satisfaction of judgment from the prior attorney that has to be filed and recorded. I would suggest that attorney should handle this unless you feel more than adequate. If though in your dealings with everybody you screwed up your probably not only back in the same boat but worse off in many ways.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: lawyer sues me for money court ordered ex to pay him

Thank you for your posting.

You have three options, as I see it: (1) You can file a motion to lift this judgment, known as a motion for relief from default. This motion would be based upon you not being properly served; (2) you can negotiate to release this debt by paying a lump sum or payments; or (3) you may declare bankruptcy, making the judgment against you uncollectable until and unless it is renewed in the future.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.