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View Full Version : Can an attorney garnish my wages for his fees in Illinois


poopoo2121
Feb 19, 2010, 08:24 PM
Its divorce in Illinois and I am being asks to pay my ex wife's legal fees she didn't work I am already paying 50% 0f my pay to alimony and child support I don't have the money to pay 7000 in legal fees nor 17000 in non marital home she's owd can they garnish my wages for the money owed the house is no longer mine

AK lawyer
Feb 20, 2010, 12:01 AM
Does the divorce decree provide that you are to pay the attorney fees?

poopoo2121
Feb 20, 2010, 07:48 AM
Yes because she does not work

cdad
Feb 20, 2010, 08:30 AM
If she was awarded fees for a lawyer then you are responsible to pay them.

poopoo2121
Feb 20, 2010, 08:34 AM
If I can't pay them outright can my pay be garnished with them already taking 50% already

cdad
Feb 20, 2010, 08:37 AM
Yes and No. The simple answer is no. But if you ignore courts dates etc to settle this then yes. More then likely your going to have to fight it to keep them from garnishing your wages. That doesn't make it go away. It would only postpone it.

poopoo2121
Feb 20, 2010, 08:43 AM
Thank you. I'm not trying to ignore it but if I'm dealing with a legal system that would allow 50% of a persons income to be taken where does the money come from to pay a 7000 lawyer bill for a person I never hired.and she's getting half of my pension and I can't touch it to pay the bill

JudyKayTee
Feb 20, 2010, 08:45 AM
The money comes from seizing bank accounts, liening salaries.

If the Order has been issued you are responsible to pay these fees.

How did the divorce go far in "her" favor?

poopoo2121
Feb 20, 2010, 08:53 AM
The first lawyer withdrew without notice and am fighting this thrue the ARDC she got a default judgement had to hire new lawyer on borrowed cash now I'm out of time and money. She doesn't have to pay legal fees so what does it gain her to negotiate a equitable settlement for me

JudyKayTee
Feb 20, 2010, 09:48 AM
the first lawyer withdrew without notice and am fighting this thrue the ARDC she got a default judgement had to hire new lawyer on borrowed cash now im out of time and money. she doesnt have to pay legal fees so what does it gain her to negotiate a equitable settlement for me


She got a default Judgment because you didn't appear to defend yourself. Now you're unhappy (to put it mildly) with the Court system and everyone involved in it because you didn't take the time or energy to provide a defense or at least counter the info she provided to the Court. You are now living with the consequences. I can only assume if the Judgment had been favorable to you you would not be quite as unhappy.

An Attorney CANNOT withdraw without notice in Illinois from what I have read. If that happened then report the Attorney to the Bar Association.

poopoo2121
Feb 20, 2010, 12:17 PM
This is why your fellow lawyer is up on charges with the ARDC along with the corrupt judge that granted him the withdrawl without supporting docs to prove this. I found out about the judgment from the apposing atty showed up, ask the same judge to reconsider because of lack of notice from my atty but because she knew that she herself was now under investigation with the ARDC for this, of course she refused. Of course its easy to fight this corrupt system if you have enough cash. Speaking of getting "Bit".now again I ask where is the honor

ScottGem
Feb 20, 2010, 12:26 PM
this is why your fellow lawyer is up on charges with the ARDC along with the corrupt judge that granted him the withdrawl without supporting docs to prove this. i found out about the judgment from the apposing atty showed up, ask the same judge to reconsider becouse of lack of notice from my atty but becouse she knew that she herself was now under investigation with the ARDC for this, of course she refused. of course its easy to fight this corrupt system if you have enough cash. speaking of getting "Bit".now again i ask where is the honor

First, who's "fellow lawyer"? None of the people responding to your question are lawyers as far as I know. But they are all people knowledgeable about the law.

Second, Charging a judge with corruption is very serious. What proof do you have of this? But if you feel things were done in violation of the law and court process, you can report such things to the local Bar association and/or head judge. Just be sure you have proof to back up your claims.

Third, this is a Law forum, its not about honor, it's about what the law says. Your question was whether your wages could be garnished to pay legal fees. That question was answered. As long as the divorce decree awarded legal fees, then yes. However, there are limits of how much they can take from your pay.

If all this resulted from a default judgment because you didn't show, then you have very good grounds for appeal. If your attorney withdrew and did not inform you of court dates, that's a slam dunk! So I don't see how you can't appeal the default judgment.

JudyKayTee
Feb 20, 2010, 02:37 PM
this is why your fellow lawyer is up on charges with the ARDC along with the corrupt judge that granted him the withdrawl without supporting docs to prove this. i found out about the judgment from the apposing atty showed up, ask the same judge to reconsider becouse of lack of notice from my atty but becouse she knew that she herself was now under investigation with the ARDC for this, of course she refused. of course its easy to fight this corrupt system if you have enough cash. speaking of getting "Bit".now again i ask where is the honor


As Scott asked - what "fellow lawyer" are you addressing? Incidentally, there is good and bad in every profession, just like there are good and bad husbands.

And, again, this is the law board. I have no idea what point of "honor" you are addressing.

What State and who is the corrupt Judge?

ScottGem
Feb 20, 2010, 02:40 PM
We don't need the judge's name, please do not post it, but you do need to back up your accusation that he is corrupt.

Jimzieman
Aug 11, 2011, 04:15 PM
Hi poopoo2121,

Hope things are all right... I am in the same situation and wondering what you ended up doing eventually.

Thanks,
Jim

cdad
Aug 11, 2011, 04:23 PM
Hi poopoo2121,

Hope things are alright... I am in the same situation and wondering what you ended up doing eventually.

Thanks,
Jim

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