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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90142
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Ive been Divorced since 2009, the divorce had gone to a divorce

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Ive been Divorced since 2009, the divorce had gone to a divorce master, a settlement was awarded to me. The settlement was written up and to be added on to my account thru domestic relations, the settlement was going to be paid with wage attachment from my ex. The wage attachment has never happened. When I contacted domestics about a year ago they said they could not do anything (even tho the court order said they were to add the amount). I had also contacted a lawyer that works for domestics and was told that the court ordered settlement should have not been written up that way and that they could not do anything, to contact the lawyer that had it wrote up. I had contacted that lawyer, with no response. I do have a balance with him so I figured he would not reply. I know there are time lines for all this and I really don't know how to go about getting the settlement that is owed to me, I don't have the money to pay another lawyer. I feel as tho the lawyer I had should have made this right and helped me get the wage attachment. The divorce master and the lawyer should have know or not if the settlement would have been honored with the domestic relations department, and even the judge that signed the order. I just figured I would never receive the settlement so I have tried not to worry about it. But the more I think about it the more it upsets me. Its like the lawyer just left me hanging. Who do I contact or how do I go about getting my settlement enforced without being charged a ton of money?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you cannot get the attorney who initially handled this matter to assist you, then you need to now file a motion for an order to show cause for contempt of court in the court where the order was filed. You can seek assistance of another local attorney to file as well. The matter has to be brought back before the court to get the judgment enforced and the judgment is still valid in PA. If the court finds that this was a settlement agreement and not a judgment, because it was not a valid court order, you had 4 years since the date he breached the contract by non-payment to file suit for breach of contract, since settlement agreements are treated like contracts by the court, so you need to hurry to try to file your motion so you have time to sue for breach of contract if the court claims the judgment is not valid.

The problem you have is if you need to sue the first attorney for malpractice, since there is a 2 year statute of limitations in PA to sue for malpractice.



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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90142
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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