HiRoy

Advice needed on debt owed to divorce lawyer!!!

Recommended Posts

Hey everyone!

I need some advice. What's the likeliness that a family law lawyer will serve me for the balance of a debt from 5 years ago? The last payment made was 3 years ago. My credit is bad, I don't own a home or have any assets, I have a severely disabled child, and just recently, I've started receiving phone calls from them after 3 years. I'm nervous and want to do right, but if don't have much and I worry that if I call, then that's going to start the SOL again. Please help me. No need for negative comments, please.

Link to post
Share on other sites

Your in Calif. the SOL on most things is four years. They are probably after you now because you have a year or less left. As Shelia said, talking to them, writing etc. will not restart the SOL. They will try to get you to make a payment in order to extend the SOL. That, or they will end up suing you to try and get the balance.

I would stay off the phone with them as that can cause problems and just write a letter telling them your circumstances and that your COLLECTION PROOF. Send it CMRRR just so you have proof, start a file and save everything for years to come. Remember, you pay them anything and you extend the SOL.

  • Like 1
Link to post
Share on other sites

They're trying to get me for $27,000! They're family law lawyers local here in the state, do you think I should prep myself to be served? They're a prestigious law firm that has had many high profile cases. I, on the other hand don't have the money to cover this. I'm so nervous. @TomnTex. I appreciate everyone's help here.

Link to post
Share on other sites

It just means that even if you are sued, NO ONE will get any money or anything from you! A lot of people like to use the phrase JUDGMENT PROOF. But that is a misnomer. No matter what, a debtor can get a judgment on you. Being collection proof just means that if they do sue and get a judgment, it will be a waste of their time. Of course if your young enough, 25-35 or so, they will try and get one hoping that you will win the lottery, or come into some money someday. No big deal.....

Link to post
Share on other sites

It just means that even if you are sued, NO ONE will get any money or anything from you! A lot of people like to use the phrase JUDGMENT PROOF. But that is a misnomer. No matter what, a debtor can get a judgment on you. Being collection proof just means that if they do sue and get a judgment, it will be a waste of their time. Of course if your young enough, 25-35 or so, they will try and get one hoping that you will win the lottery, or come into some money someday. No big deal.....

So, what you're saying is, it's like getting blood from a turnip? A scare tactic @TomnTex?

Link to post
Share on other sites

Somewhat, it just means that you never keep money in a bank account because they could grab it, and keep a low profile on anything else that you have of value. If all else fails you can always file BK 7 to get rid of it. For the amount owed, you can bet they will either try to get you to pay it, or at least take you to court and get a judgment just incase you do come into money some day. If you ever get a summons from anyone to appear in court, don't bury your head, answer the summons and do your best to fight them with our help. many times they are just hoping you don't show so they can get an automatic default on you. DO NOT let them do that.

Link to post
Share on other sites

@1stStep, my worthless lawyer did ask my ex to pay my attorney fees, but the Judge only had him pay a very small amount of it. Do you guys think I should contact the firm and see if they'll lower the amount I owe and make some sort of payment arrangement? I really don't want to file BK.

Link to post
Share on other sites

 

@1stStep, my worthless lawyer did ask my ex to pay my attorney fees, but the Judge only had him pay a very small amount of it. Do you guys think I should contact the firm and see if they'll lower the amount I owe and make some sort of payment arrangement? I really don't want to file BK.

 

It might be worth your time to review the order from the judge. If the requested fees were denied because the Court determined them to be unreasonable, then the firm is not entitled to them. You've been given some good advice; don't enter into an agreement if you can't afford to and while BK should be a last resort, don't take it off the table.

  • Like 1
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.