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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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settled a suit two years ago. My attorney presented me with

Customer Question

settled a suit two years ago. My attorney presented me with a overwhelming bill for extra trial prep not previously discussed or mentioned. Invoice was total 11,000. He said he would settle for less than the amount and to make him an offer. I did not make an offer but paid monthly installments. Yesterday he sent an email stating he did not want to take me to district court to garnish wages etc... He did begin adding interest which I excepted. I have been in communication with him regularly and send him monthly payments that I can afford.

Question,

Can he sue me in court, garnish wages
Is there a statute of limitation on the bill
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The options in this situation, unfortunately, are to negotiate a settlement for a lump sum of the remaining balance, or go to court to dispute the validity of the fees. If the work was reasonably necessary for the job that you hired the lawyer to do, and the numbers of hours billed and hourly rate are not excessive (and the lawyer's rate was disclosed to you), the total bill will likely be upheld. But you do have a right to force the lawyer to provide evidence that you authorized the services and that he is entitled to the money.

Another option to avoid court is to submit a joint request to the Michigan Attorney Grievance Commission. This is a free service. An independent third-party arbitrator will be assigned to the case. Both parties must agree to abide by the decision of the arbitrator. It's an informal process, simpler than going to court, but the attorney would still have to produce evidence that you owe the amounts he is seeking.
http://www.agcmi.com/

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

There is nothing the original agreement to pay by a particular date only that interest would be applied. I have been paying small amounts each month with interest accruing.


 


Can he garnish wages to get a paid more quickly.

Customer: replied 1 year ago.

I'm really not disputing the amount I want to know my options before going to court if it goes that far

Expert:  Lucy, Esq. replied 1 year ago.
Those are your options before going to court: negotiate a settlement or ask if he will agree to go before the arbitrator.

If you never agreed to pay interest, and it's not mentioned anywhere in the contract that you signed, he's not entitled to it. The judge or arbitrator can remove the interest amounts, which may reduce the total that is owed.
Customer: replied 1 year ago.

Please try to answer the two original questions


 


Can he sue me in court, garnish wages
Is there a statute of limitation on payment of the bill

Expert:  Lucy, Esq. replied 1 year ago.
Yes, he can sue you. If he gets a judgment, yes, he can garish your wages. The law allows someone who has a judgment to take up to 25% of post-tax wages.

The statute of limitations in Michigan is six years from the date of the breach. That would be whenever he sent the final bill.

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