Legal Question in Legal Malpractice in Indiana

we sued our attorney for malpractice, we won and he wont pay

we sued our attorney in small claim for mishandling our case. The first time we went to court he agreed we should be payed and offered payment via his malpractice insurance. Then he refused to submitt information so that the claim could be payed. Then we went back to court before the judge and he was ordered to pay. His claim was that he had no money to pay our 1,500.00 claim. We went back to court in order to get his fincial information and he is claiming that his home is in foreclosure and his bank account has 120.00 in it. He is self employed as an attorney and is still taking on new clients. We,along with other former client filed complaints against him with the Indiana Supreme Court Disciplanry Commission which he has been found to be guilty of misconduct. He states that he will resign this law license at the end of this year. And to top it off he stated in his paperwork last week that he would be filing chapter 7 with in 30 days. How can we get our money. We are unable to start over with a new attorney until we are payed by this guy. I have read about a body attachment. Is this a option. He doesnt seem to care about what he has done. What options do we have.


Asked on 7/27/03, 10:17 am

1 Answer from Attorneys

Eric Southward Southward & Haggard

Re: we sued our attorney for malpractice, we won and he wont pay

You need to "Execute" your judgment. At this point, even as an attorney, I would hire someone to pursue my judgment. There are books on it and the court has information sheets, but you need specific advice from someone who handles debt collection.

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Answered on 7/28/03, 1:10 pm


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