inerrogatory for lawyer?

[CMSC]

i went to small claims and won against my employer (even though IAAL said I wouldn't with my attitude, hahaha!) i was awarded my back paychecks and wage claim and court cost totaling a little under $600, in colorado defendants are allowed to appear with attorney's and my ex employers attorney was told by the judge that he was considered the defendant in the case (the defendant was a witness) and she told him she was issuing an interrogatory and he has 10 days to issue the court a paycheck for me or he will face the penalties, what exactly is this and who do i tell if i don't get a check in 10 days, is it ten business days or ten regualr days from the time of the court hearing?

 

[CMSC]

can't anyone answer my question? IAAL, where is your input on all this???

 

[I AM ALWAYS LIABLE]

My response:

The judge is ordering the attorney to either pay up within ten days, or come back to court to answer questions (interrogatories) by the court to find out about the whereabouts of the judgment debtors assets; e.g., bank accounts, so that the judge can issue an order for such account to be "emptied" up to the amount of the judgment debt.

It's a bit more complicated than this, but I'm trying to put this into everyday layperson terms. But, I think you catch the drift.

IAAL

 

[CMSC]

if the judge is ordering the attorney to pay the judgement and he doesn't wouldn't this be some sort of violation? i would think attorney's of all people would respect the courts decision and if they chose not to then they should face a penalty, am I not seeing this correctly? i think it is a huge deal for an attorney not to pay the debt after all they are to uphold the law.

 

[CMSC]

so in your opinion do you think this is going to be a long drawn out battle or will I get my money? what amount of time should I let pass before I worry about not receiving my judgment? are courts usually good about following up on these sort of things?

 

[I AM ALWAYS LIABLE]

My response:

It's always ten "calendar days" unless otherwise specified; i.e., ten business days, which would be Monday through Saturday. In this case, it sounds to me like the judge wanted to include Sundays in the calculation of days.

The attorney does not have to follow the order. All he has to do, in the event of non-payment, is suffer the wrath of the judge and the consequences of a Debtor's Examination after the 11th day - - which must be scheduled by you, to be held in front of the same judge. That's his choice. He can't be disbarred for it, but I'm sure the judge will make life a bit difficult for him. Judges have a way of doing things like that.

The judge and/or the clerk will help you with giving you the proper paperwork to go after the assets you and the judge have discovered in the Debtor's Examination. Have both the attorney and the defendant appear for some steamy questioning.

Oh, and one last thing. Remember to ask the judge to have them take off their shoes and empty their pockets. People just love to hide cash in their shoes.

IAAL

 

[CMSC]

please don't tell me i have to show up for the Debtor's Examintaion! I would have to make another 6 hour drive because my B**** defendant hired an ass for a lawyer? that sucks! I am not asking that the prick be disbarred, even though the judge threatened to report him because of comments he was making while she was in chambers (the clerk heard him and his client calling me an idiot and making very disturbing comments about my choice of religion) anyway, I am going to call the clerks office tomorrow, I really hope I don't have to drive all the way back there but I will do it if it means getting my money.

 

[I AM ALWAYS LIABLE]

please don't tell me i have to show up for the Debtor's Examintaion! I would have to make another 6 hour drive because my B**** defendant hired an ass for a lawyer? that sucks! I am not asking that the prick be disbarred, even though the judge threatened to report him because of comments he was making while she was in chambers (the clerk heard him and his client calling me an idiot and making very disturbing comments about my choice of religion) anyway, I am going to call the clerks office tomorrow, I really hope I don't have to drive all the way back there but I will do it if it means getting my money.

My response:

The attorney was ACTUALLY making disparaging comments regarding your religion in front of the judge, or court personnel ?

You have got to be kidding with me !

Hell, if that happened to me, I'd make sure to be there - - with bells on, and dressed like a Priest !

IAAL

 

[CMSC]

i went through the entire trial in shock of the comments this attorney was sating before the hearing and during the time we awaited a judgement. I knew he was an ass when i walked in the room and the clerk said we needed to exchange evidence and he said, "don't see what it matters, she doesn't know anything about law and she should have settled", he then offered me $5 for a settlement and I laughed in his face and he said "you sure are stupid to really think you have a case against my client" (the clerk heard all of this). I am mormon and when the judge took her recess this attorney made all sorts of rude remarks and untasteful jokes about my religion, he and his client were also speaking about me like I wasn't in the room! I just want my money that the judge clearly stated the defendant owed me! I will definitely go back if I have to but I will hate every minute of it. I know that they won't pay unless I fight them because that is the first think the attorney said to me when we walked out into the parking lot, "your not getting a penny because you are stupid"!
This man bragged in court about practicing law for 22 years and kept reminding the judge of that fact, I am certain he was embarrassed to be beaten by a 25 year old stay at home mom who has not paid near as much as he has for her education!

 

[I AM ALWAYS LIABLE]

My response:

Absolutely incredible. Go get him !

IAAL

 

[CMSC]

IAAL, the defendent's lawyer in my case paid the court today and they called to say my check is on the way!!! I am in shock, I figured this would be a lengthy battle but it hasn't, the only problem I have know is getting the court to give me my measley $20 cost bond back, they say the computer issues the checks and it prints them out when it has enough it feels it needs to send off, sounds to me like someone is just to lazy to hit PRINT! Thanks for listening to my ranting and raving about my defendants lawyer! And thanks for the advice!