California.
In 2004 I had cause to request a civil harassment order against someone for battery. I was represented by T.H. working out of Law Firm X. Order was granted. Judgment included attorney fees and costs, and my attorney requested additional fees due to extra work he did chasing down the defendant for service, and making an additional appearance to postpone when we could not find the def. The attorney never requested I pay the additional fees and we both concluded that the def was uncollectable and left it at that. I had paid $750 to Law Firm X at the start of the case, which would have been the total if not for the extra work by the attorney.
Fast forward to 2010. I occasionally check if this def has any assets and in August discovered they now own a house. Wanting to file an abstract of J with the county recorder I filed the documents with the court. The clerk rejected my abstract because I filed in my name pro se but the judgment is in the name of attorney T.H. and the clerk wants the abstract resubmitted showing all parties names matching the judgment.
The minutes show "The petitioner is further granted attorney fees in the sum of $1350.00 and are due and payable forthwith."
However in the Order After Hearing On Petition For Injunction Prohibiting Civil Harassment, under Other Orders the commissioner wrote "Defendant shall pay to the Law Offices of T.H. the sum of $1350 within 30 days of this order."
In August I called the attorney who is now with Law Firm Y and he requested a copy of the judgment which I promptly faxed over. I never heard back so in October I mailed a reminder letter with a copy of the order, judgment etc. asking what I should do next and reminding the attorney that I would do the legwork if desired, since he is further away from this court now.
I could file everything in the attorney's name but I can't sign for him, and since he is not communicating I probably won't be notified if the court sends him any notices.
Should I keep pestering him to do something, or go back in front of the judge to have the judgment amended, or...? To amend, can I file a motion on a case that has been closed for years?
I'm hoping to file an abstract before the judgment debtor has a chance to sell or do anything with the property, and I know the debtor has several other old unpaid judgments so getting recorded first is important.
In 2004 I had cause to request a civil harassment order against someone for battery. I was represented by T.H. working out of Law Firm X. Order was granted. Judgment included attorney fees and costs, and my attorney requested additional fees due to extra work he did chasing down the defendant for service, and making an additional appearance to postpone when we could not find the def. The attorney never requested I pay the additional fees and we both concluded that the def was uncollectable and left it at that. I had paid $750 to Law Firm X at the start of the case, which would have been the total if not for the extra work by the attorney.
Fast forward to 2010. I occasionally check if this def has any assets and in August discovered they now own a house. Wanting to file an abstract of J with the county recorder I filed the documents with the court. The clerk rejected my abstract because I filed in my name pro se but the judgment is in the name of attorney T.H. and the clerk wants the abstract resubmitted showing all parties names matching the judgment.
The minutes show "The petitioner is further granted attorney fees in the sum of $1350.00 and are due and payable forthwith."
However in the Order After Hearing On Petition For Injunction Prohibiting Civil Harassment, under Other Orders the commissioner wrote "Defendant shall pay to the Law Offices of T.H. the sum of $1350 within 30 days of this order."
In August I called the attorney who is now with Law Firm Y and he requested a copy of the judgment which I promptly faxed over. I never heard back so in October I mailed a reminder letter with a copy of the order, judgment etc. asking what I should do next and reminding the attorney that I would do the legwork if desired, since he is further away from this court now.
I could file everything in the attorney's name but I can't sign for him, and since he is not communicating I probably won't be notified if the court sends him any notices.
Should I keep pestering him to do something, or go back in front of the judge to have the judgment amended, or...? To amend, can I file a motion on a case that has been closed for years?
I'm hoping to file an abstract before the judgment debtor has a chance to sell or do anything with the property, and I know the debtor has several other old unpaid judgments so getting recorded first is important.