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socrateaser
socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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The judge gave a judgement in which their attorneys fees were

Customer Question

The judge gave a judgement in which their attorneys fees were checked to get by motion and costs by cost bills. THey did not do this, they made up a lien and included almost 39,000 of attorneys fees that were not determined or awarded by the court. THey are holding my property hostage unless I pay this lien amount I cannot according to them move the home or sell it.
WHat do I do next, they are planning to auction my home on July 3 if I do not pay this amount which has been made up by them.
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.

Hello,

Did you consent to an attorney's lien in your fee agreement with the attorney?

Did you sign certificate of title making the attorney a lienholder on the RV?

 

Is title currently in your name?

Thanks in advance.

Customer: replied 1 year ago.

I signed up for free month and chose another attorney listed as expertise in mobile home. Can you forward my questions to him for follow up

Expert:  socrateaser replied 1 year ago.
Who would that other attorney be, exactly?
Customer: replied 1 year ago.

question 1 No , question 2, no the judge just gave a judgement for past rent and checked that they should do a motion for attny fees which they did not do. it is a cavco mobile home i paid 160,000 in full and added 13,000 in upgrades. it is almost new condition. the title is fully in my name. They are holding it hostage throwing the attorney fees which i believe is not allowed into a lien probably because they anticipate the court will find them outrageous and unreasonable.

Expert:  socrateaser replied 1 year ago.
You would file a motion to set aside judgment on grounds of fraud, if you have proof that the attorney's fees are unreasonable, and the court inadvertently order fees based upon an error, propagated by opposing counsel. If you do nothing, then the attorney's will get their money, because the judgment is valid, if entered, until set aside/vacated.

If you were to win this motion, you could complain to the State Bar. Actually, you could complain to the State Bar right now, if you believe that opposing counsel has committed a fraud upon the court. Click here.

Hope this helps.

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