Attorney responsibilities

[wendy11068]

Dear Socrateaser,

My case is in Michigan.

After a long, drawn-out, expensive divorce we finally entered proofs in May 2004.  I had to settle the case as I did not have the $12K my attorney claimed was necessary for trial.  Ex was plaintiff and his attorney was responsible for drafting final judgment in 21 days.  This did not happen.

In July, my attorney began calling and faxing ex's attorney to finish this case.  There was no response.  Because of known health problems on the part of ex's attorney, my attorney called the judge's clerk.  This prompted the judge to issue a show cause in August.

Neither ex nor his attorney were there for the show cause so it was reschedule for September and ex and his attorney were ordered to pay $500 attorney fees.  We had the same problem in September where my attorney presented the final judgment and it was entered in default but ex and his attorney were not present once again.  And once again they were ordered to pay another $500 in attorney fees.

I had an outstanding balance which I offered to at least make payments on and which my attorney refused, demanding payment in full.  In addition, even though he claimed that he was going to go after ex and his attorney for the $1000 total fees, he never did.  Instead he claims that I am responsible for them as well.  He took me to court to force me to pay the balance and got a judgment for what I had originally offered (payments).  He also put the judgment on my credit report without notifying me, insuring that I cannot buy a car, get a credit card, or buy a home until he is paid in full.

My questions are as follows:

1.  Ultimately, who would be responsible for paying my attorney the $1000 fees that were court-ordered as the responsibility of ex and his attorney?

2.  What methods are available for me to force the attorney to collect those fees from the person(s) responsible for paying them?

3.  Can the attorney put the judgment on my credit report without notifying me?

4.  How can I get that judgment removed from the credit report, especially since I am paying timely and have not missed a payment?

5.  If the attorney does not have to collect, how can I do so?

[socrateaser]

>My questions are as follows:
>
>1.  Ultimately, who would be responsible for paying my
>attorney the $1000 fees that were court-ordered as the
>responsibility of ex and his attorney?

You are solely responsible to pay your attorney's fees because you are party to the contract for your attorney's services. Based on your posted facts, your ex and her attorney are both jointly and severally liable to you for payment of the $1,000 in attorney fee reimbursement.

>2.  What methods are available for me to force the attorney to
>collect those fees from the person(s) responsible for paying
>them?

None, because no one else owes your attorney, other than you.

>3.  Can the attorney put the judgment on my credit report
>without notifying me?

The three major Credit Reporting Agencies, i.e., Equifax, Experian, and Transunion, routinely poll every jurisdiction in the nation for judgments entered. So, although your attorney may have actually reported you to the credit agencies, the judgment would probably appear even if he didn't.

4.  How can I get that judgment removed from the credit
>report, especially since I am paying timely and have not
>missed a payment?

The only way you can absolutely get the judgment removed, is if you can convince the attorney to enter into a stipulated order to set aside the final judgment, after you've paid the bill in full. That way, the judgment will no longer exist as a legally operative fact, and the credit agencies won't be able to report it anymore.

Otherwise, when you're paid in full, the attorney will enter a "satisfaction of judgment" with the court, and the judgment will remain on your credit report for seven years from the date when it was first reported to the credit agencies.

>5.  If the attorney does not have to collect, how can I do so?

First thing that I would try is to contact the State disciplinary agency (State Bar, or whatever it's called in your state) and find out if they have an insolvent attorney trust fund, from which you can possibly get paid. I would also file a complaint against the attorney. If he has an active license, then it's likely to be suspended if he doesn't pay the order.

You can also get a writ of execution/garnishment, hold a judgment debtor hearing and have the attorney tell you where his assets are so you can garnish them.

If you owe support to your ex, then you could ask the court to offset the award against your debt.

You can also sell the debt to a collection agency for a discount and let them try to collect.

The list goes on and on.