Attorney is adding to my debt

[latigo]

Please understand that you as the judgment debtor are only obligated to satisfy the face amount of the judgment, plus any accruing statutory interest or fees charged by a sheriff for levying execution.

The implication here is that fees now claimed owing were not included in the judgment. If not, then they cannot be arbitrarily tacked on by the lawyer or the judgment creditor or its assigns. That is, unless they were added in the agreement between you and the lawyer as consideration for allowing you to defer payment in monthly installments, which doesn't appear to be the case.

 

[Zigner]

The OP wants to know if her post-judgment agreement to pay $50 per month can be changed unilaterally by the other party. Of course, if you don't answer her exactly how she demands, she'll throw a tantrum, as evidenced above.

 

[TigerD]

Please understand that you as the judgment debtor are only obligated to satisfy the face amount of the judgment, plus any accruing statutory interest or fees charged by a sheriff for levying execution.

The implication here is that fees now claimed owing were not included in the judgment. If not, then they cannot be arbitrarily tacked on by the lawyer or the judgment creditor or its assigns. That is, unless they were added in the agreement between you and the lawyer as consideration for allowing you to defer payment in monthly installments, which doesn't appear to be the case.

Not necessarily completely accurate. If the judgment orders payment of attorney's fees, those may well appear as a different line item than the face amount of the judgment. Additionally, most states have a mechanism by which certain costs can be added to the judgment.

This poster thinks he has a payment amount. That it is being accepted by the creditor is not because it is a fixed amount (unless the court fixed it at that amount) but because the creditor has not yet chosen to use other, faster enforcement methods.

TD

 

[single317dad]

Just wait until the attorney(s) call the case into court for a status conference and tack on another $550 in legal fees for doing so. It happens, regularly, most often when you miss a payment due date. You'll have an opportunity to argue against the additional fees, you'll do so, then they'll be approved anyway. With the statutory interest, that amounts to another year of payments. You can see how the poorest debtors end up unable to fully satisfy these debt repayment arrangements. Debts of ~$1500 end up as 10 years of $50/mo payments.

 

[Just Blue]

You answered whether or not they can change my monthly payment? Or are there more fees they can possibly add ? I clearly stated I am not trying to get out of paying a judgment. I would just simply like to be informed as to what could happen next

What a rude CHILD you are. Please PAY an Attorney to help you. 200-500 per hr should cover the rudeness ...for some.

 

[latigo]

Just wait until the attorney(s) call the case into court for a status conference and tack on another $550 in legal fees for doing so. It happens, regularly, most often when you miss a payment due date. You'll have an opportunity to argue against the additional fees, you'll do so, then they'll be approved anyway. . . . . . .

What? A post-trial and post-judgment "status conference"?! It is as unheard of as a judgment debtor calling for "status conference", not to "tack on" to the dollar amount awarded the judgment creditor, but to lessen the figure or just have it go away because he can't afford it.

 

[single317dad]

What? A post-trial and post-judgment "status conference"?! ? It is as unheard of as a judgment debtor calling for "status conference", not to "tack on" to the dollar amount awarded the judgment creditor, but to lessen the figure or just have it go away because he can't afford it.

Ever heard of proceedings supplemental? I guess not.

I can only imagine Mississippi has a similar mechanism for returning to court to examine the debtor's ability to be bled further.

 

[Forestbrook]

I am rude because I asked a question about the actions an attorney could take and received an answer to a question I never asked? Read the entire thread please. Z. Claimed my question had been answered then insulted me by stating "I can see why you are having trouble". What is rude about returning to the unanswered questions here? According to some here that is a temper tantrum.

 

[Silverplum]

I am rude because I asked a question about the actions an attorney could take and received an answer to a question I never asked? Read the entire thread please. Z. Claimed my question had been answered then insulted me by stating "I can see why you are having trouble". What is rude about returning to the unanswered questions here? According to some here that is a temper tantrum.

It's very simple: don't be rude, or go hire an attorney.

If you ask a 3-part question, for instance, and a nice volunteer answers 1 or 2 parts, a different nice volunteer will very likely come along and fill in the rest. But if you're rude...not likely.

 

[single317dad]

I am rude because I asked a question

No, you're rude because you think you can come here and use this free resource but dictate the terms under which others assist you. If you want to micromanage the process, go pay someone who will work within your demands.