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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31014
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi there, my husband and I were granted a judgment in our case,

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Hi there, my husband and I were granted a judgment in our case, but the defendant keeps defaulting and not paying so we file a contempt with our attorney that cost us money. Once she receives the summons, she pays. Our attorney told us this 3rd time around to send a professional letter stating that she had until x date to pay or we would not only file contempt again, but she would be responsible for atty fees. We did this and sent certified mail, but she did not pay. We the. Filed another contempt a d she's sent in a payment, so our atty filed a continuance. However, how do we recoup the money we gave our atty from her since she pays just as she's abt to go to court no longer making her in contempt? Our atty has not been much help.

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Customer: Hi Roger
Roger : Even if the person has cured the default, you have the right to proceed with your motion and have a hearing to ask for attorney's fees.
Customer: How do we go about enforcing her consistent contempt and our out of pocket expenses our atty said we could recoup
Customer: Ok, that's good to know. Our atty did not tell us that.
Roger : Your attorney can announce to the court that the payment was made, but that this is a habitual issue and the defendant should be held accountable for forcing you to spend money to enforce the order.
Customer: We are military and live in another state so, we are relying on him to take care of this
Roger : /judgment.
Customer: he just keeps saying that if she's current he can't go forward, but that doesn't sound right
Roger : You still have the right to seek your fees for having to file the motion, etc.
Customer: Ok, so I'll just give our atty a call and tell him to proceed then. What if he tells me I can't which he has before because of Indiana law?
Customer: But I guess you've checked that and know what law applies to what states
Roger : The relief requested is for the payment AND for attorneys fees - - even if the payment was made, the attorneys fees request is still there.
Customer: Attorney fees were not in initial judgment, but our attorney said that filing contempt is separate from original litigation so, that's how we can recoup atty fees, correct?
Roger : Yes. You're seeking attorneys fees for having to file the motion for contempt.
Customer: Great. You've been an excellent help Roger. If I have further questions, may I request you again?
Roger : Sure. That would be great!
Customer: As I truly appreciate getting knowledgeable answers
Roger : Just begin your question with "For Roger" and it will be directed to me.
Customer: It's hard being out of state and having to deal with legal issues
Customer: Ok. Thank again Roger, it is very much appreciated :-). Have a wonderful evening.
Roger : No problem. Glad to help.
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