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My old family law attorney wants to sue me for the money I owe him in CA.?

Discuss the legalities of Bankruptcy Law

My old family law attorney wants to sue me for the money I owe him in CA.?

Postby forde » Wed Feb 29, 2012 6:42 pm

I owe my former family law attorney around 9,100 in back pay. I can't afford to pay him the amount I owe him. What happens if we go to court? I have no assets, nor can I make a payment plan with him. Will I go to jail? I plan to file for bankruptcy, but I don't even have the money for that right now. Would my debt to him fall under bankruptcy? Any information would be greatly appreciated.
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My old family law attorney wants to sue me for the money I owe him in CA.?

Postby jordi » Wed Feb 29, 2012 6:43 pm

If he takes you to court he will obtain a judgment against you. You won't go to jail.

If you file a bankruptcy it would discharge the debt you owe and the attorney won't be able to sue you (He should already know that).
________
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My old family law attorney wants to sue me for the money I owe him in CA.?

Postby barnett » Wed Feb 29, 2012 6:45 pm

You entered into a contract...WITH AN ATTORNEY.

It is likely that the court will enter a judgment against you. The plaintiff, depending on which state the judgment is recorded, may have various post-judgment remedies for up to 20 years. Of course, the debt then will be more than $9,100. Add his fees for suing you, costs of court, and post-judgment interest on the judgment debt, and you are looking at about $20,000 in the next few years.
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My old family law attorney wants to sue me for the money I owe him in CA.?

Postby demarco » Wed Feb 29, 2012 6:53 pm

Why are you trying to beat this attorney out of his legitimate fee. You WILL have to pay it, and should have made arrangements a long time ago...he's an attorney...he is NOT going to just write this off. This also sounds like one of those obligations that cannot be escaped because of a bankruptcy. He could have a judgment against you.
He represented you in "good faith", so you should make arrangements before the court does.
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My old family law attorney wants to sue me for the money I owe him in CA.?

Postby cinnard » Wed Feb 29, 2012 7:00 pm

The court will enter judgment regardles of what you can pay. The enforcement of the judgment, will be decided later. Once any money enters into a bank account, it is no longer disability money. It is just money at that point.
Your debt can probably be discharged in bankrutcy.
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My old family law attorney wants to sue me for the money I owe him in CA.?

Postby jerard » Wed Feb 29, 2012 7:16 pm

"my......attourny wants to sue me for money i owe him"

if you know you owe him, you have to pay him. there is no working around it. you cant just ignore your debts.....


why can you not make a payment plan with him? no you wont go to jail as this is a civil issue.
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My old family law attorney wants to sue me for the money I owe him in CA.?

Postby brenn15 » Wed Feb 29, 2012 7:21 pm

You can't go to jail for not paying debts. If the case goes to trial, he WILL secure a judgment, but he still can't collect what you don't have. MOST judgments are settled for less than the full amount.
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My old family law attorney wants to sue me for the money I owe him in CA.?

Postby starling » Wed Feb 29, 2012 7:28 pm

Now let me guess...he did very little or wasn't successful, right? Probably just another scummy attorney.
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