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SOL/ CA help needed


efish
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Hi,

I have been reading this post alot and I have made a post here and there, but this time I could really use the help from an "old head" who may know the answer or a trick or two. Give you a bit of history:

I filed for divorce from my ex in 1997 in WA state, in WA there is a 90 day waiting period. During that time we reconciled and pulled the paperwork from the court. Life went on. In 1998 I filed again. Went to the same attorney, he told me that I still had some of my retainer left from the first time and I could just give him money from the original deal with him. I never signed anything, just gave him another check for his retainer. My divorce finally went through in May of 1999. At my hearing the judge ordered my ex to pay my attorney fees (is in the decree), my attorney said that he knew my ex most likely would not pay and he would just put a judgement against him for it. Now almost five years to the date I pull privacy guard and there is a new collection from a collection agency from my attorney for $3000. I now live in Florida. I am unsure how a statue of limitaion works with attorneys, and if that has passed, can that collection agency try and collect from me??? I am so confused. ANy suggestions would be great!!! Thank you in advance for your help.

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My dh's divorce occurred here in Wa state to and here's what happened with us...

His ex was ordered to pay his attorney some fees--basically what happened was he showed up for the first hearing and SHE DID NOT. At any rate, it was ordered that SHE would pay those fees and of course she never did.

At any rate, our attorney did not come after my then fiancee (now dh) to collect. I think attorney's vary on what they'll do. When my dh's ex tried to whine about HER fees (her atty's were PRO-BONO mind you, but she had to pay for a psychiatric eval plus the GAL fees) my dh's atty simply told her atty, "Ok, how about I transfer this debt your client owes me to you then and we'll call it even!" At that point the nagging ceased.

Not exactly sure what happened in your case. If your ex isn't working or the atty can't find him that may have something to do with it. Also, the original contract may have something to do with this to (do you have a copy of the contract w/ your atty?) Either way, it's odd that a court order would state WHO is to pay WHAT and he's still trying to collect from you. This warrants further investigation.

Sorry--I'm not an "old head" but I think SOME help or ideas are better than little to none. Your SOL should be based off of this states SOL on written contracts I would think. Sorry, wish I could offer more but like I said, they're just some ideas. Best wishes to you! :D

P.S. If I were you, I'd dispute it as "not mine" and if asked further provide a copy of the court order indicating the ex is to pay.

E~

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Thanks for the response. I think I will give it a whirl. What have I got to lose? I doubt they cannot find my ex, I pay him child support for our son to WA courts and he is working (makes more than I do). I do not have a contract with my atty. I don't remember getting anything from him anyway. However, I think I may be out of luck, with WA state being a Community property state. I am just curious mainly if the Collection agency can collect if it is past the SOL. Thanks again.

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