Legal Question in Personal Injury in Illinois

I am on full disability from a traffic crash suffered while I was at work. I am about to receive a settlement, from the crash. I was ordered to pay attorneys fees ($25,000) to an opposing attorney from a divorce. There is NOTHING stated in the Order that the attorney must be in a LUMP SUM. Is there any legal precedent to cite, that I may pay the fees in "payments?" I was looking to pay $10,000, "up front", and make ""reasonable" payments monthly thereafter, on the remaining $15,000.

Asked on 5/08/13, 8:15 pm

2 Answers from Attorneys

Sal Sheikh

If you were "ordered" to pay, I will assume that there is some legally binding document that confirms this. Look to the "order" for any terms of what your options may be if any.

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Answered on 5/09/13, 11:19 am

Chen Kasher Chen Kasher

I agree with the above answer, but you did write that there was "nothing" in the order regarding whether a payment is lump sum or periodic.

The first thing I'd do is to reach out to that attorney and see if he will agree to periodic payments. It's to his benefit to bargain with you instead of trying to pursue collection. If you didn't pay that attorney, he should file a wage deduction or garnishment action against you, which could result in periodic payments, anyway (particularly in the case of wage deduction). More importantly, attorneys don't want the hassle of court hearings and the possibility of not collecting at all. He'd probably be happy to have $10,000 in his pocket with the ability to obtain the money at a later time.

Disclaimer: I am not your attorney and this is generic advice that may not be tailored to the specific facts of your case.

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Answered on 5/10/13, 2:11 pm

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