Check out some similar questions!

needyman · Jan 21, 2010, 05:28 PM

I have a judgement against me for 4k. And that's only because I missed the court date.This case is over a year old now. I could have paid most of the judgment by now. But plaintiff's attorney won't allow me to pay unless I agree to pay the attorney fees. Which I have told the attorney that I absolutely will not pay. . I want to pay the plaintiff but this attorney won.t tell his client or the court what the real issue is. What should I tell the court next time I go to court?

Fr_Chuck · Jan 21, 2010, 05:54 PM

?? You have to pay exactly what the court order says you will pay, not a penny more, not a penny less.

Have you even gotten a copy of the actual judgement they won ? If the court ordered you to pay attorney fees you will be paying them also.

JudyKayTee · Jan 22, 2010, 07:31 AM

The Court ordered legal fees - that's standard.

It's not your decision what to pay or not pay.

I don't understand why there's a "next time" appearance if the Judgment has already been granted.

this8384 · Jan 22, 2010, 09:12 AM

Originally Posted by needyman

I have a judgement against me for 4k. And that's only because I missed the court date.This case is over a year old now. I could have paid most of the judgment by now. But plaintiff's attorney won't allow me to pay unless I agree to pay the attorney fees. Which I have told the attorney that I absolutely will not pay . . I want to pay the plaintiff but this attorney won.t tell his client or the court what the real issue is. what should I tell the court next time I go to court?

As everyone else has pointed out, you're not making sense.

The attorney does not dictate what you can or cannot pay. You cannot dictate what you will or will not pay. The judge ordered you to pay a set amount - if the attorney's fees are a part of that, then you owe it.

You may think it's unfair, but you should have gone to court to argue your case. It's too late now.

AK lawyer · Jan 22, 2010, 10:28 AM

Originally Posted by JudyKayTee

The Court ordered legal fees - that's standard.

Standard if the contract being enforced provides for it, I believe.

JudyKayTee · Jan 22, 2010, 10:54 AM

Originally Posted by AK lawyer

Standard if the contract being enforced provides for it, I believe.

I've never seen one that doesn't - perhaps you have.

this8384 · Jan 22, 2010, 11:26 AM

Originally Posted by AK lawyer

Standard if the contract being enforced provides for it, I believe.

Depends on state law. My state allows the plaintiff to be awarded attorneys fees - without a contract.

AK lawyer · Jan 22, 2010, 11:47 AM

Originally Posted by this8384

Depends on state law. My state allows the plaintiff to be awarded attorneys fees - without a contract.

Mine too. But I was under the impression that this is the exception, not the rule.

...
The state of Alaska has followed a loser-pays system for decades.
...
In the mid-1990s, both Oregon and Oklahoma enacted statutes that applied loser-pays principles to significant categories of litigation in their state courts.
...

PointofLaw.com | Loser Pays
American rule - Wikipedia, the free encyclopedia

this8384 · Jan 22, 2010, 11:52 AM

Originally Posted by AK lawyer

Mine too. But I was under the impression that this is the exception, not the rule.

PointofLaw.com | Loser Pays
American rule - Wikipedia, the free encyclopedia

And you are, once again, making assumptions about the OP's location and starting needless arguments on the law boards.

Clearly, it is legal in the OP's case as the plaintiff's attorney is demanding that the fees be paid by the defendant/OP. The attorney isn't stupid enough to try and scam one guy out of a few hundred dollars... are you kidding?

JudyKayTee · Jan 22, 2010, 12:55 PM

If I posted that the sky was blue AK would post that sometimes it's grey. Without making assumptions what would there be to argue about?

this8384 · Jan 22, 2010, 12:57 PM

Originally Posted by JudyKayTee

If I posted that the sky was blue AK would post that sometimes it's grey. Without making assumptions what would there be to argue about?

... stuff :)

AK lawyer · Jan 22, 2010, 01:43 PM

Originally Posted by this8384

And you are, once again, making assumptions about the OP's location and starting needless arguments on the law boards.

Clearly, it is legal in the OP's case as the plaintiff's attorney is demanding that the fees be paid by the defendant/OP. The attorney isn't stupid enough to try and scam one guy out of a few hundred dollars....are you kidding?

The OP is resisting payment of this judgment mainly because of the attorney's fees. What this board is all about is to let him know whether his position is justified. Some have suggested that, no, an award of attorney's fees is standard. That's not accurate. Unless there is a contract which provides for attorney's fees (which we don't know), or it is one of the relatively few states which allow the prevailing party to recover attorney's fees (which, again, we don't know), it's doubtful that a judgment should have awarded attorney's fees.

In fact, it is not even clear that attorney's fees were awarded in the judgment. A close reading of the OP's post would suggest that the plaintiff's attorney may be attempting to gouge the OP for fees not awarded in the judgment.

this8384 · Jan 22, 2010, 01:44 PM

Originally Posted by AK lawyer

The OP is resisting payment of this judgment mainly because of the attorney's fees. What this board is all about is to let him know whether his position is justified. Some have suggested that, no, an award of attorney's fees is standard. That's not accurate. Unless there is a contract which provides for attorney's fees (which we don't know), or it is one of the relatively few states which allow the prevailing party to recover attorney's fees (which, again, we don't know), it's doubtful that a judgment should have awarded attorney's fees.

In fact, it is not even clear that attorney's fees were awarded in the judgment. A close reading of the OP's post would suggest that the plaintiff's attorney may be attempting to gouge the OP for fees not awarded in the judgment.

And as I already said, the attorney would have to be a moron to try and steal something as measly as a few hundred dollars.

And I don't read what you do in the OP's post. I see that he doesn't want to pay the fees, not the he doesn't have to.

JudyKayTee · Jan 22, 2010, 02:17 PM

Originally Posted by AK lawyer

In fact, it is not even clear that attorney's fees were awarded in the judgment. A close reading of the OP's post would suggest that the plaintiff's attorney may be attempting to gouge the OP for fees not awarded in the judgment.

Where do you read that this is attempt to gouge?

this8384 · Jan 22, 2010, 02:26 PM

Originally Posted by needyman

I have a judgement against me for 4k. And that's only because I missed the court date.This case is over a year old now. I could have paid most of the judgment by now. But plaintiff's attorney won't allow me to pay unless I agree to pay the attorney fees. Which I have told the attorney that I absolutely will not pay .BECAUSE I THINK HE'S TRYING TO GOUGE ME . I want to pay the plaintiff but this attorney won.t tell his client or the court what the real issue is. what should I tell the court next time I go to court?

Oh, there it is... silly us :)