Being sued by collections agency over unpaid public defender fees.

[quincy]

Or, just sold it to a collection agency, without ever even attempting to bill the OP, just to get some money towards expenses the judge did not agree that the OP owed. Alleged creditors turning things over to collections without either resolving disputes or just plain in bad faith, has become an epidemic.

That is definitely a possibility.

 

[NeelyC]

So I found the judgment and it only orders that i pay the restitution, lawyer fees and court costs. It does not mention this debt. I've been calling all around trying to pin down a document where I agreed to these abnormal dues, and nobody can find it. So here's my questions: if a lawyer intends to spend thousands on a trial that go above and beyond the normal fees, is he required to seek written approval from me before spending that much money in my name? I found some information stating that if it goes above a certain amount (eg $1000) and is not directly related to the normal hourly billing etc., i must be presented with and agree to a written fee disclosure before they can move forward with the expenditures. Is this true?

 

[quincy]

So I found the judgment and it only orders that i pay the restitution, lawyer fees and court costs. It does not mention this debt. I've been calling all around trying to pin down a document where I agreed to these abnormal dues, and nobody can find it. So here's my questions: if a lawyer intends to spend thousands on a trial that go above and beyond the normal fees, is he required to seek written approval from me before spending that much money in my name? I found some information stating that if it goes above a certain amount (eg $1000) and is not directly related to the normal hourly billing etc., i must be presented with and agree to a written fee disclosure before they can move forward with the expenditures. Is this true?

What did you sign when you were appointed the attorney?

 

[LdiJ]

So I found the judgment and it only orders that i pay the restitution, lawyer fees and court costs. It does not mention this debt. I've been calling all around trying to pin down a document where I agreed to these abnormal dues, and nobody can find it. So here's my questions: if a lawyer intends to spend thousands on a trial that go above and beyond the normal fees, is he required to seek written approval from me before spending that much money in my name? I found some information stating that if it goes above a certain amount (eg $1000) and is not directly related to the normal hourly billing etc., i must be presented with and agree to a written fee disclosure before they can move forward with the expenditures. Is this true?

I cannot tell you for sure that it is true for your state, but it certainly is true in one form or another (there are variations), for other states.

 

[quincy]

I cannot tell you for sure that it is true for your state, but it certainly is true in one form or another (there are variations), for other states.

Please cite your source(s). Thanks.

 

[LdiJ]

Please cite your source(s). Thanks.

Look to the fee arbitration rules for the Bar Association for the state in question.

 

[NeelyC]

Are you being rhetorical? I signed a request for a public defender. So let me see if I'm following, I sign a request for a public defender, and that gives them the right to spend whatever they want without my approval??

 

[quincy]

Here is a link that gives you a good look at how courts in South Dakota pay their public defenders. This is different from how private attorneys are paid.

https://ujs.sd.gov/uploads/fourthcircuit/rulescompensation_mpisciotta.pdf

The approval comes from the court.


(please ignore LdiJ)

 

[NeelyC]

So according to that, if the judge doesn't pre approve the costs, it's not allowed?

 

[NeelyC]

Here's the argument I see: I never agreed to the charges, the judge did not agree to the charges, and my attorney did not appeal the judges decision, meaning he accepted that those funds were not covered. Also, the chunk of change for the expert witness must be pre approved before spending the money, so if they can't produce records that my lawyer did pre approve that cost, that cost at the minimum should be waived since I also did not agree? Also, if my lawyer did ask and receive approval for the expert witness, why would the judge not approve the cost of that in my judgment?

 

[quincy]

Here's the argument I see: I never agreed to the charges, the judge did not agree to the charges, and my attorney did not appeal the judges decision, meaning he accepted that those funds were not covered. Also, the chunk of change for the expert witness must be pre approved before spending the money, so if they can't produce records that my lawyer did pre approve that cost, that cost at the minimum should be waived since I also did not agree? Also, if my lawyer did ask and receive approval for the expert witness, why would the judge not approve the cost of that in my judgment?

Those sound like good arguments to me ... but I would ask a lawyer in South Dakota about it.

Although I think your public defender deserves to be paid for the efforts he took on your behalf, the court apparently did not believe all expenses submitted by your public defender should be covered. If you did not sign anything that obligated you to pay for costs incurred by the attorney that were over those costs approved by the court, I would think the public defender would have a hard time justifying these costs in any collection action.

Good luck.

 

[quincy]

When I was 20 (7 years ago) I was involved in a criminal trial, I used a Public Defender to represent me. After I was found guilty I was ordered to pay around 2500 dollars in retribution, lawyer fees, etc. All normal, until he read off over 5000 dollars in dues. They were attributed to actions the lawyer took, included blowing up 28 checks into giant lottery style checks in order to display the signature to the jury, for around 3000 dollars (In my mind 12 magnifying glasses for the jury and a white board to indicate where to look would of been fine.) The rest of the dues were attributed to flying out a lawyer buddy of my Public Defender to read of some laws and assure the jury that according to the account holders statement indicating I had authorization to sign, and our plan to repay the funds (lack of intent) means I shouldn't be criminally liable. Either way, to me these two expenditures are extremely inappropriate, he could of made the case himself instead of having a random buddy come testify as an expert witness. Its been a long time now, but Im being sued by the collections agency for not paying these funds that the judge did not order. What can I do? Is it too late to fight this all the way? When I tried to appeal my case I was charged with a felony and told to drop it and they will drop the charges. What can I do? (State South Dakota)

Who in the bolded statement is the "he" who read off the over 5000 in dues? Was the "he" your attorney or the judge?

 

[Just Blue]

Look to the fee arbitration rules for the Bar Association for the state in question.

Please just post the source.

 

[quincy]

LdiJ won't. And her comments do not apply anyway.

 

[NeelyC]

It was my attorney. The judge didn't mention these costs until my lawyer asked about them and then, he said he couldn't include them in the judgment and they would have to send it to the auditor to pursue payment. It was not in the judgment so my research points at a 6 year statute of limitations for contracts. I want to file the proper motion for dismissal or judgment on that basis, but I'm confused as to what I file to do that. Can you please help?