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reesie2010 · Jul 26, 2010, 06:48 AM

My attorney garnished X for my atty fees, back child support and alimony. He garnished Xs wages and 1/2 of sale of proceeds held by title co. Title company didn't want to deal, so they sent whole proceeds to court (though 1/2 awarded me in decree). Now court released ALL funds to my attorney who intends to keep all but a portion meant for child support. Can he keep the 1/2 of sale of proceeds that was awarded me because I owe him fees? He did not garnish against ME. Seems he has to give me anything not included in the garnish, all intended as child support and should only be able to take 25% of what was intended as alimony. Am I off base?

JudyKayTee · Jul 26, 2010, 06:55 AM

Let me see if I have this right -

Your ex owed YOUR Attorney legal fees (Court ordered). Your Attorney garnished your ex's wages and filed a lien against the real property you owned jointly.

The property was sold, the Title Company didn't want to sort this out, the Title Company sent the entire proceeds (half of which are yours) to the Court.

The Court sent the entire amount from the Title Company as well as the money from wages to YOUR Attorney.

Your Attorney took the legal fees which were Court ordered PLUS the legal fees you owe him out of the proceeds and sent you the balance?

Am I right so far?

Unless the Attorney has a written agreement with you OR a Judgment or Court Order (in some cases) against you the Attorney cannot simply unilaterally take anything out of the proceeds for his/her expenses, fees, etc.

Why do you think the Attorney could take 25% of the alimony? Am I missing something here?

Need more info - maybe.

reesie2010 · Jul 26, 2010, 07:01 AM

Real close. The house was sold before divorce and funds being held at our request. Attorney garnished HIS proceeds, which was 1/2 per decree. In essence, same thing as you stated.

My attorney thinks since alimony is income and I owe him a debt that he is entitled to his payment. I didn't tell him this but since if employed he could garnish 25% (ish), this is what I am agreeable to. However, I think he intends to keep the percentage of funds collected that correspond to the alimony portion of the garnish.

I did sign a standard agreement with him that did not specifically spell this out. I'll have to dig out that agreement.

My attorney is a bit of a bully. I can stand up to him but want to know what I am talking about WELL before I do.

reesie2010 · Jul 26, 2010, 07:04 AM

I am NOT agreeable to him taking any of my sale of proceeds, or any child support collected, of course. It's the percentage of funds collected intended for alimony that I think he may be entitled to. Mind you, it is all lumped together on the garnishment so I development percentages for purposes of conversation with him.

JudyKayTee · Jul 26, 2010, 07:06 AM

Originally Posted by reesie2010

Real close. The house was sold before divorce and funds being held at our request. Attorney garnished HIS proceeds, which was 1/2 per decree. In essence, same thing as you stated.

My attorney thinks since alimony is income and I owe him a debt that he is entitled to his payment. I didn't tell him this but since if employed he could garnish 25% (ish), this is what I am agreeable to. However, I think he intends to keep the percentage of funds collected that correspond to the alimony portion of the garnish.

I did sign a standard agreement with him that did not specifically spell this out. I'll have to dig out that agreement.

My attorney is a bit of a bully. I can stand up to him but want to know what I am talking about WELL before I do.

YES! I got it! Doing the Rocky dance!

Yes, it does sound like your Attorney is a bully. If you want to take the legal road he CANNOT take "your money" (whether it's in his hands or not) without a Court Order or Judgment. I will be shocked if there's a provision in the retainer agreement that covers this.

In a case like this there's always the Bar Association - I would write a "nice" letter and tell him you disagree with him taking the money out of the proceeds, that you believe this is a misuse of client funds (that's always a red flag), that you expect the full proceeds minus whatever is covered by the Judgment and if you don't get the full proceeds you are going to ask the Bar Association for it's opinion on this.

I very much dislike reporting any professional to any professional Association but I wouldn't let this Attorney run over the top of you.

I'm in the legal field and I'm embroiled in one of these situations involving my husband's estate and my Attorney's misuse of power and funds. I wrote a similar letter, got an immediate phone call and now I'm waiting near the mailbox to see if I get a check.

ScottGem · Jul 26, 2010, 07:16 AM

You need to check the agreement your signed with the attorney. I'll bet it gives him the right to withhold his fees from any settlement paid through him.

reesie2010 · Jul 26, 2010, 07:16 AM

Thank you. I have always thought I had a handle on things well enough to know what is right and what is wrong. I hired this attorney because he is tough, so I knew going into it that it could be tough on me too. I do intend to pay my attorney but when my only source of income if alimony, and I'm only receiving a fraction of what was ordered, how can he expect me to make so great of a sacrifice? Unfortunately, he doesn't have a soft side to appeal to so knowing legally where I stand is a great help. We are discussing it again this morning. Hopefully, I am equipped enough to not let him pressure me or the association will have to be my next step. Wish me luck and I SO appreciate your sound advice.

JudyKayTee · Jul 26, 2010, 07:18 AM

Originally Posted by ScottGem

You need to check the agreement your signed with the attorney. I'll bet it gives him the right to withhold his fees from any settlement paid through him.

I've never seen this - but there is a lot of legal "stuff" I've never seen. Curious to see when OP comes back how this works out.

Can't decide if Attorney is correct or simply flexing his muscles.

- Good point. Check the paperwork.

reesie2010 · Jul 26, 2010, 07:22 AM

Originally Posted by ScottGem

You need to check the agreement your signed with the attorney. I'll bet it gives him the right to withhold his fees from any settlement paid through him.

The agreement refers to "fees" paid to him and refunds to me come after fees are credited. These funds are not "fees" paid to him. Only a portion of what was garnished (and none of what was not actually garnished) were actually on the garnishment as back "fees" owed to attorney.

I can see I may have an argument on this.

ScottGem · Jul 26, 2010, 07:27 AM

That's going to be iffy. If the agreement specifies that you get money only after his fees are taken out (like I suspected), he may have the legal basis. Your only hope is in how fees will be defined.

reesie2010 · Jul 26, 2010, 09:00 AM

So, attorney is giving me the portion he feels represents child support and keeping the rest. Said with no other lump sums coming in, he sees no reason why he shouldn't be entitled to all but child support. Else, he'll file an attorney's lien. Guess I can't argue.

How nice of my X to ensure my attorney is paid before the kids and I are cared for. I have expired tax return checks that he refuses to sign unless I give him 1/2. Will these go to my attorney next? Looks like it. If I approach my attorney, he will just garnish both 1/2s.

This is all so hard to swallow since I wasn't the one in pursuit of divorce!

ScottGem · Jul 26, 2010, 09:08 AM

You need to get and are entitled to an accounting. The attorney should be giving you detail about what funds he received and what fees he is charging you.

JudyKayTee · Jul 26, 2010, 11:38 AM

Originally Posted by reesie2010

So, attorney is giving me the portion he feels represents child support and keeping the rest. Said with no other lump sums coming in, he sees no reason why he shouldn't be entitled to all but child support. Else, he'll file an attorney's lien. Guess I can't argue.

How nice of my X to ensure my attorney is paid before the kids and I are cared for. I have expired tax return checks that he refuses to sign unless I give him 1/2. Will these go to my attorney next? Looks like it. If I approach my attorney, he will just garnish both 1/2s.

This is all so hard to swallow since I wasn't the one in pursuit of divorce!

What would I do - and I work for Attorneys? First, I'd DEMAND the return of what is not covered by a lien or garnishment.

Then I'd report all of this to the Bar Association, exactly as you've described it here. I'd hit heavy on the "misuse of client funds" approach.

The Attorney can file any type of lien he wants but it's going to take more than a day or two and in the meantime I'd be demanding "my" money.