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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 11626
Experience:  JD, MBA
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Hi My Name IsXXXXX & My Wife Owned A (800) Acre

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Hi My Name IsXXXXX & My Wife Owned A (800) Acre Farm Near Ruso,N.Dak. We Sold The Farm To Our Son In 2010 & Let Him Use A C.D. Of $128,285,88,To Purchase A Condo In Bismarck He Sent Me $40,000.00 Of The The C.D. And Now His New Wife Want's Me To Give Them The Balance For A Wedding Present,We Live On Social Security And Can Not Afford That Amount ,How Much Will It Cost Us To FORCE them To Repay That Balance On The Farm Purchase??? I Will Be Interested In A Contingency Arrangement With A Lawyer To Force Them To Pay The Balance He Owe's Use On Our Farm.

Hello and thank you for allowing me the opportunity to assist you.

As a general rule, attorneys charge between 33% and 40% as a contingency fee to sue and attempt to collect on a debt. But that assumes that your son and his wife have the assets to pay what is owed. If they do not, then most attorneys would charge you hourly since getting paid on a judgment by a person who doesn't have the assets to do so is impossible (i.e., 33% of $0 is $0). You indicated that your son may have about $90k from the CD, but on the other hand, he may have spent that elsewhere, or gave it away. The attorney would likely want to investigate further. If you are charged hourly, then it could cost you anywhere from $2k to $20k to sue and collect on the judgment, since it depends on how much work is involved. If the lawsuit is filed, and your son doesn't attempt to defend himself, then it won't be expensive. But if your son defends himself, and if there are any complicated legal issues that require research, then that is when attorneys fees become expensive. It sounds like you should call around to a few local attorneys and just meet with them for 30 minutes to explain the situation and find out what kind of fee arrangement they'd be willing to make. Most would likely give you a free initial consultation.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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