I have a question about unpaid attorney fees. I went through a divorce which was final almost five years ago. During the course of the divorce, in February of 1998, my ex spouse made a motion to appoint an attorney for the children. This was granted, and we were to split the cost of that attorney. I paid 1500 to this attorney. Six months after the divorce was final I got a letter from that attorney saying I owed another 2800 dollars to her. No itemized bill, just that total amount, and "this is an attempt to collect a debt..." I ignored her letter. Now, 4 years later, I have received a letter in the mail for a motion for contempt for not paying her bill. I am out of that state, and will not travel to any type of hearing for this matter. What must this attorney legally do to collect this bill? Does this motion, if it is heard by the court, make it collectible? What are the steps she must take to collect on this bill?
Hmmm....talking out loud... Did you sign an agreement to pay half? Would that make it a written agreement? Would the SOL for written contracts apply? $2800 is alot of dough, and a motion for contempt is a bit different. If the motion is granted, and you are EVER in that state, and they catch you, you could go to jail. You really need to talk to an attorney.
I'm not worried about going back to that state, I'm happily 500 miles away and plan to stay that way. I am wondering if it applies as a written contract. I signed an agreement to the motion to appoint her as counsel in February of 1998, but never signed any contract personally with that attorney. I never even knew what her hourly rate would be. She just started showing up to hearings, shaking her head a few times, and was happily billing both of us. I would talk to an attorney, but don't you think they won't be very helpful since I'm essentially "screwing over" their own kind???
OK - don't know if this would be similar to child support. But, what if - You ignore and the Motion for Contempt is granted. She then files suit to get a judgment against you. You can't go defend yourself, because you risk going to jail, so she gets a judgment, it is placed on your credit report, and whammo, your screwed in the state you live in Or worse, what if their procedures allow for it to be reduced to judgment on the spot because you didn't show up? I really think you need to talk this over with an attorney. I wouldn't worry about "screwing their own kind", don't they do it all the time? LOL, remember two lawyers in a courtroom are generally adversarial.
Well, doesn't she have to operate like any other creditor? She would have to file suit, have it served on me, and then get her judgment. If she gets her judgment in her state, then it will go on my credit, and haunt me for years to come. OK, big deal. My credit is horrible since my divorce. I haven't used credit for the past 6 years. I don't own any real or personal property. What are her options? Garnishment?
She would have to get the judgement, then bring it to the state you now reside in and file it there before she could garnish anything. you say you have not used credit in 6 years, that means lots of negative items, have fallen off or will fall off within another year...try to avoid getting any more negatives and you will have a "clean" credit report soon (maybe too clean)
