Hello. I am sorry to hear about that situation. I would promptly make the payment and explain to the attorney that you were only one day late, explain your reason and then tell them that you do not have the $15,000.00. If they truly want to collect the fees they will allow the payments to continue. That provision is extremely harsh and most likely going to be hard to enforce since you were only one day late and the attorney has not been prejudiced by the late payment
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Thank you. So what actions can they take against me - legally (by the strict letter of the law)?
by strict enforcement they would have to file a motion to enforce the judgment via contempt (which is unlikely as it is costly and time consuming). Also they could potentially file for a wage garnishment and begin to garnish the payments from your wages as well
oh. ok - please note, I had my lawyer submit a motion for reconsideration (32 days after the divorce decree) to request that the first payment to my ex's attorney be deferred for 3 months. This is because I lost my job one day after the divorce was made final due to sequestration and I am still looking for employment. There is no check to garnish.
Oh well if you have a motion for reconsideration pending I would not fret too much then. Your attorney can make any payment that was due retroactive to the date they filed their motion
But the reason I did not make this first payment is simply because the date got away from me - this is the first payment due, and I am still reeling from the loss of employment - I just simply forgot.
Ah - thank you then, that makes me feel much better - and will allow me to go to sleep tonight.
you are welcome
please don't forget to accept the answer
best of luck :)
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