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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34335
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My divorce lawyer sued me and won I 't have the money to pay

Customer Question

My divorce lawyer sued me and won
I don't have the money to pay back in full. We agreed to 50.00 a month but he still sued me. Do I have to pay in full or can I still pay the 50 a month
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is the attorney agreeing to continue with the $50 payments or is he pursuing your for a lump sum?

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Is there any written agreement signed by the attorney agreeing to the $50 a month?

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thanks

Barrister

Customer: replied 1 year ago.
He sent me a form to fill out about how much my gross income is what I have for assets if they garnish my wages will I be below poverty.
Customer: replied 1 year ago.
He told me on the phone it was to ensure the letter was unenforceable because he closed his law office because he was voted in for judge and wouldn't be practicing law anymore so he didn't want to have to deal with past clients
Expert:  Barrister replied 1 year ago.

Unfortunately, if he sued you and got a judgment, then unless there is a written agreement signed by him, then he can pursue collection of the entire amount of the judgment in a lump sum or by garnishing your wages up to 20% or the amount by which your disposable earnings exceed 30 times the federal minimum wage (30 x $7.25 = $217.50) whichever is less in WI in order to pay the judgment.

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If he files any wage garnishment, you can object and appear at any hearing to argue that it would be an unreasonable financial burden to allow him to garnish 20% and the judge could then reduce the amount of any garnishment.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister