Ordered to pay attys fees for opposing side but can't afford the payments, now what?

[AnotherMoron]

What is the name of your state (only U.S. law)? GA

To make this clear up front, this is not me, but I'm keeping things very vague because I don't relish my family's dirty laundry being strewn about the internet.

A family member has been ordered to pay the attorneys' fees for the opposing side. She received a letter from her attorney that said the judge had made his ruling (the letter included a copy of the ruling) and she would be responsible for x amount per side. The judge's ruling also states she is to pay a certain amount per month to be split evenly between the attorneys. The amount the judge ordered she pay is outside her ability. He came to this payment schedule with no knowledge of her financial situation. She wants to know a few things -

1. Is there anything she can do to appeal this decision? She doesn't want to contact her attorney because she'll be billed more money and she's already spent tens of thousands on legal bills.

2. What does she do when she can't pay? Can she send what she can afford? Will this ding her credit if she can't pay them? Also there was no indication when payment would start. Will there be something else coming for her in the mail?

Thanks in advance!

 

[Just Blue]

What is the name of your state (only U.S. law)? GA

To make this clear up front, this is not me, but I'm keeping things very vague because I don't relish my family's dirty laundry being strewn about the internet.

Then perhaps you should not post your "family's dirty laundry" on the internet.

 

[OHRoadwarrior]

So your saying she can't afford to put her money where her mouth is. I suggest she keep her mouth shut for the near future and pay off her debt with the food money she saves. Failure to pay the judgment could potentially land her in jail on contempt charges. A judge is a lawyer also, so she is not likely to find any more sympathy by pleading poor.

 

[sandyclaus]

I'm going to chime in here and also bring to the table the fact that unless OP's "family member" was in the wrong, they wouldn't usually have been able to be held accountable for paying the other side's attorneys fees - unless, of course, there was a contractual obligation to do so. That's the price you pay for losing a suit sometimes, and even worse when you bring a suit that doesn't have merit.

If anything, if there was an issue actually affording those attorney fee payments each month, I would personally pay the OTHER side's fees first. That's because the OTHER attorney would be more likely to take offense at not getting paid according to the court's order than their own. Of course, as long as there are outstanding fees form their OWN attorney, that also bars them from seeking further legal assistance until that gets paid off - so making some kind of payment arrangement with their OWN attorney might be in order here to cover both obligations.

However, if both sides are adamant about getting paid according to the court order, sounds like a bit of budget cuts and belt-tightening might be in order here. Selling off assets that they don't need, cutting out luxuries and entertainment, that sort of thing. (It always gives me a kick when people say they can't afford to pay their bills, yet somehow they manage to have expensive cable service, the best TV and stereo equipment, are always eating out at restaurants instead of cooking their own means, etc.)

 

[OHRoadwarrior]

Bottom line when going to court....

You pays your money and you takes you chances.

 

[latigo]

. . . . . Failure to pay the judgment could potentially land her in jail on contempt charges. .

So, Georgia has reinstated its colonial debtor's prisons?

If so, please explain why a Georgia court could jail a litigant for failure to pay a civil judgment when the highest court in the land has held that it cannot revoke probation and thus incarcerate a convicted felon solely for failure to pay a penal fine? *

Also, to my knowledge 11 USC 523 (a) has not been amended to include claims for attorney fees, judgments or otherwise.
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[*] Bearden vs. Georgia, 461 U. S. 666 (1983)

 

[OHRoadwarrior]

So, Georgia has reinstated its colonial debtor's prisons?

If so, please explain why a Georgia court could jail a litigant for failure to pay a civil judgment when the highest court in the land has held that it cannot revoke probation and thus incarcerate a convicted felon solely for failure to pay a penal fine? *

Also, to my knowledge 11 USC 523 (a) has not been amended to include claims for attorney fees, judgments or otherwise.
__________________


[*] Bearden vs. Georgia, 461 U. S. 666 (1983)

You must not read national news. There have been a rash of situations where people have court ordered judgments entered against them and when they do not pay, the plaintiff pushes for and gets the court to have them jailed for contempt of court. If I had to pick a situation ripe for it, it would be where 2 attorneys went to court to collect a judgment and were not paid. I suggest you web search "debtor contempt of court".

 

[BigMouthWino]

You must not read national news. There have been a rash of situations where people have court ordered judgments entered against them and when they do not pay, the plaintiff pushes for and gets the court to have them jailed for contempt of court. If I had to pick a situation ripe for it, it would be where 2 attorneys went to court to collect a judgment and were not paid. I suggest you web search "debtor contempt of court".

No, you misunderstood the news stories. What happens is a judgment debtor is served with a SUBPOENA to personally appear in court (usually with their financial papers) for a post-judgment debtors exam. They do not show up for court. They are arrested for contempt of court for defying the SUBPOENA, not for not paying the judgment. If they had come to court and truthfully answered all of the judgment creditor's questions they could have gone on not paying the judgment without consequence (except of course whatever assets the JC discovers at the examination will likely be seized/garnished).

 

[OHRoadwarrior]

No, you misunderstood the news stories. What happens is a judgment debtor is served with a SUBPOENA to personally appear in court (usually with their financial papers) for a post-judgment debtors exam. They do not show up for court. They are arrested for contempt of court for defying the SUBPOENA, not for not paying the judgment. If they had come to court and truthfully answered all of the judgment creditor's questions they could have gone on not paying the judgment without consequence (except of course whatever assets the JC discovers at the examination will likely be seized/garnished).

This changes the endgame potential for her how? You just proved my original statement, which you questioned.

Failure to pay the judgment could potentially land her in jail on contempt charges

 

[BigMouthWino]

This changes the endgame potential for her how? You just proved my original statement, which you questioned.

OP cannot be jailed for failing to pay as long as OP complies with other orders of the court. You previously stated that based on national news stories you've read OP could be jailed for nonpayment. That is not factual. You misinterpreted what people were jailed for.

 

[OHRoadwarrior]

OP cannot be jailed for failing to pay as long as OP complies with other orders of the court. You previously stated that based on national news stories you've read OP could be jailed for nonpayment. That is not factual. You misinterpreted what people were jailed for.

You proved exactly what I originally said was correct. Sorry if I did not want to waste my time chasing news articles to please you. I will start chasing, when you start paying me to do so. Until then, you get memory for free.

 

[BigMouthWino]

You proved exactly what I originally said was correct. Sorry if I did not want to waste my time chasing news articles to please you. I will start chasing, when you start paying me to do so. Until then, you get memory for free.

No need to chase articles, if you don't know what you're talking about, simply don't post. You said:

You must not read national news. There have been a rash of situations where people have court ordered judgments entered against them and when they do not pay, the plaintiff pushes for and gets the court to have them jailed for contempt of court.

Your advice lacks any factual basis. I tried to explain to you how you misunderstood or misremembered the news stories you read so you would understand the subject matter a little bit more the next time your fingers touched the keyboard and you want to argue about it. Fine. Your erroneous advice is memorialized forever. You were wrong, just admit it.

 

[OHRoadwarrior]

No need to chase articles, if you don't know what you're talking about, simply don't post. You said:



Your advice lacks any factual basis. I tried to explain to you how you misunderstood or misremembered the news stories you read so you would understand the subject matter a little bit more the next time your fingers touched the keyboard and you want to argue about it. Fine. Your erroneous advice is memorialized forever. You were wrong, just admit it.

It does not lack a factual basis. You just want to argue and appear superior. I assume it is the same complex you suffer from, when you argue with other posters. Thanks for proving my point. Sorry to all others I didn't take the time to search out a 100% accurate response to Wino's challenge.

 

[BigMouthWino]

It does not lack a factual basis. You just want to argue and appear superior. I assume it is the same complex you suffer from, when you argue with other posters. Thanks for proving my point. Sorry to all others I didn't take the time to search out a 100% accurate response to Wino's challenge.

No you just want to keep posting in defense of an erroneous advice post. This may be news to you OHRoadwarrior but sometimes the news gets it wrong too. Even if you found a news story it wouldn't change the fact that there are no debtor's prisons in the US and debtors jailed for contempt are jailed due to violating court subpoenas to appear. Your statement that "two attorneys collecting a judgment" would be able to easily jail the OP's mother is totally erroneous and could cause the OP to feel unnecessary alarm at their mother's situation. Which is why you should know the subject matter before you post.

Go fix a car or something and quit spouting off about subjects you don't understand.

 

[Proserpina]

The tree is outside.

I suggest you both use it.