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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 19285
Experience:  B.A.; M.B.A.; J.D.
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I filed a petition of guardianship father, and the court

Customer Question

I filed a petition of guardianship for my father, and the court ruled that I would have to pay the fees of the court appointed attorney. The problem is several things:- the ruling has not been written and finalized. The judge is trying to make me pay the attorney fees before he writes the final ruling. I want to appeal the award, but he is blocking my attempts and making the appeal interlocutory.
- I live in California and the court is in New Jersey.
- I am a judgment collector and familiar with FDCPA laws. It seems to me that the judge is breaking several laws by enforcing his ruling that I pay. He recently said that if I don't show up tomorrow he will issue a warrant for my arrest. This is a judgment examination, but there is no judgment.Please advise.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.

Mos Courts now do offer remote access to Court, which allows one to appear by telephone or video. You should contact the Clerk's office to see if you can appear by phone to prevent a bench warrant. Then, once at the hearing by remote access, you can argue against the enforcement of the fee award. You have a right to challenge it.

You may also consider filing complaint with the Trial Court Administrator

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Customer: replied 1 year ago.
I specifically addressing FDCPA laws. A judge can not enforce a judgment that is not even written.
Expert:  Phillips Esq. replied 1 year ago.

FDCPA does not apply here. FDCPA applies to debt collectors. The Judge is not a debt collector. The Attorney collecting the fee on his/her behalf is not a debt collector and does not fall under the jurisdiction of FDCPA. See FDCPA Section 803.


Customer: replied 1 year ago.
Then who owns the debt? When the judge conducts a judgment examination by asking for financials then what is that called?
Expert:  Phillips Esq. replied 1 year ago.

The Attorney that has been awarded the fee "owns" the debt.

It is called a Court proceeding.

Customer: replied 1 year ago.
the judge is enforcing the debt that doesn't exist since it is not finalized or written on behalf of the debtor. I would call that a debt collector?