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Receipt of money judgement from attorney

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What is the name of your state? CA

I sued an attorney for malpractice a month ago, and won a money judgement against him. If he doesn't pay me in time, does this go on his bar record? I know he doesn't want to pay me, since he spent a lot of money trying to fight me in small claims court. What is the best course of action for me to get my money? The firm he works for is fairly reputable.
 


dcatz

Senior Member
There’s one point in your post that’s a bit confusing. You say you got your judgment “a month ago”, and then you begin a question by saying “If he doesn’t pay me in time . . .”. The defendant has 30 days from entry of judgment to appeal. If he didn’t appeal and the 30 days has passed, the judgment is due and enforceable now, unless you left something out of the post.
As far as it going on his Bar record, you don’t mention the nature of the malpractice, but Calif. Bus. & Professions Code sect. 6086.8(a) and (b) might be instructive:

6086.8. (a) Within 20 days after a judgment by a court of this
state that a member of the State Bar of California is liable for any
damages resulting in a judgment against the attorney in any civil
action for fraud, misrepresentation, breach of fiduciary duty, or
gross negligence committed in a professional capacity, the court
which rendered the judgment shall report that fact in writing to the
State Bar of California.
(b) Every claim or action for damages against a member of the
State Bar of California for fraud, misrepresentation, breach of
fiduciary duty, or negligence committed in a professional capacity
shall be reported to the State Bar of California within 30 days of
receipt by the admitted insurer or licensed surplus brokers providing
professional liability insurance to that member of the State Bar.


There are many ways to enforce a civil judgment but, in this case, the easiest and cheapest may just be to file a claim with the liability insurance carrier, assuming that the actions leading to the malpractice claim were done in his capacity as a member of the firm he is now with. Get the name of the insurer by writing to the managing partner (unless that’s him).
If that tact doesn’t work, then you’re forced to revert to your many other options, including a wage garnishment.
 
Thank you for your reply

The judgement was rendered on May 10th. It was a partial judgment.

I called the CA bar association and nothing was on record.

If he has filed an appeal, am I notified of this?

He is partner of his firm. The attorney who appeared for him in court was one of the associates of the firm. They do have "errors and omissions" insurance, according to the contract I signed when I hired him. Is that the same thing as malpractice insurance?
 

dcatz

Senior Member
This is a Small Claims forum.
By a “partial judgment”, do you mean you were awarded less then you requested or that there are additional issues (like the measure of damages) still to be determined? The latter is inapplicable to a CA SC case, so what do you mean by the reference?
And attorneys can’t appear in CA SC court, except under limited circumstances (eg. when they are being sued for nonpayment of their own bill). Another attorney could not represent the defendant for this type of case, so what am I missing?
And yes, the E&O coverage is intended to cover most types of malpractice transgressions, but nobody could give you a blanket assurance in your case, at least without knowing the basis of the malpractice allegation and reading the policy.
 
By a “partial judgment”, do you mean you were awarded less then you requested or that there are additional issues (like the measure of damages) still to be determined? The latter is inapplicable to a CA SC case, so what do you mean by the reference?
By partial judgment (I know I am probably using inaccurate legal terminology) I meant that I did not receive the full amount I sued for, only a part of it. No measure of damages (that I know of) need to be determined.
And attorneys can’t appear in CA SC court, except under limited circumstances (eg. when they are being sued for nonpayment of their own bill). Another attorney could not represent the defendant for this type of case, so what am I missing?
When I showed up for court, I was very surprised to see that the lawyer I was suing wasn't there - in fact, I purposely chose the time and date I did since I knew that it would be difficult for him to be there. (he is a probate attorney and the times for probate court coincided with the time I chose) When I asked the attorney who was there for him about it he told me that they had phoned the court ahead of time and were given permission to allow him to appear for the attorney I was suing. My guess is that was allowed since he was one of the attorneys who worked on my case.
Regarding the appeal, if he filed one - am I informed of this, or do I need to find out somewhere if one was filed?
Thank you again for helping me understand.
BTW - this was a small claims court case.
 
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dcatz

Senior Member
I considered that the attorney who appeared might also have been involved in the case but didn't want to go through a lot of irrelevant "but ifs". You've explained things.

If an appeal was filed, you should be informed of a date set for a trial de novo (a new trial, which is what it would be at the Superior Court level). And enough time has passed for that Notice of Appeal to be sent and received. But, if you want to make absolutely certain, just call the Court, give the Civil clerk the case number and ask. Again, if there has been none, you should be free to start enforcement immediately.
 
I contacted the attorney's partner about the judgement - he sounded surprised (I guess the attorney isn't very honest with his partner either) and he sent me a check immediately.

Whew! I'm glad that's over and I have my money back.

dcatz, thanks for your advice and help - if not for you my lightbulb would have remained dim and I wouldn't have thought to contact the partner!:D
 

seniorjudge

Senior Member
I contacted the attorney's partner about the judgement - he sounded surprised (I guess the attorney isn't very honest with his partner either) and he sent me a check immediately.

Whew! I'm glad that's over and I have my money back.

dcatz, thanks for your advice and help - if not for you my lightbulb would have remained dim and I wouldn't have thought to contact the partner!:D
There's one legal partnership down the drain!
 

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