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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2580
Experience:  Helping you with your legal questions.
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In NYC the Court ordered a defendant to pay X dollars for

Customer Question

In NYC the Court ordered a defendant to pay X dollars for interest on estate tax dollars and payment for other injustices. This was almost 3 years ago. She has failed to fulfill a Court order against her. What can do done to force her to comply without having to pay more legal fees from an estate that has been hijacked? Hope someone can help. Thank you.
Mary Ann Meyer
Submitted: 1 year ago.
Category: Estate Law
Expert:  Damien Bosco replied 1 year ago.

Hello. My name is***** am here to help you with this question. If the court issued a money judgement, then typically, an information subpoena and restraining order are served on various banks so a Marshal can execute on the judgment. I am surprised this has not happened. Also, if someone does not pay on a judgment, you can also file a motion for contempt. Whether or not these entail legal fees is something separate. The only options would be for the executor to file the motion for contempt (or similar motion); or attempt to get the court to issued the subpoena. It's hard to do all this without an attorney as you are aware.

Customer: replied 1 year ago.
Before a settlement agreement agreement [which resulted in the Court order] was reached, the defendant was served with a Contempt order. She hid, moved out of State for awhile, a year lasped before a detective caught her, then our attorney failed to include one piece of ino needed so the Contempt was not allowed. A long long story. Another Contempt charge where she must be served personally would probably costs dollars from an estate where it became worthless immediately. 15 beneficiaries and POD parties received about $1,350,000.00 directly, did not go through the Estate. It would take hours to explain everything and then we would miss some. The current attorney said he already has over $100,000.00 of "cost's" for an estate with nothing in it. Our middle class family have picked up some of those costs. We want closure...for years.
Expert:  Damien Bosco replied 1 year ago.

Hello again. Thanks for the additional information. I am sorry to hear this. So many estate proceedings seem endless with loops and turns getting nowhere. I understand your frustration. Believe me. Sometimes having a new attorney (if the current one is exhausted and burnt out on the matter), may have the energy to persistently move forward. If the person is out of state, it would be more difficult to restrain moneys and execute a judgment. I understand you want closure.

Customer: replied 1 year ago.
I am extremely hard of hearing, have a caption phone that doesn't work all the time. If OK, I'd have our daughter contact you at your convenience if OK. She is very familiar with this, lives in CA, 3 hours separate from you. Of OK, and your answer is e-mailed to me, will forward it to her. Thank you.
Customer: replied 1 year ago.
I will pay that amount if you can discuss this with her.
Expert:  Damien Bosco replied 1 year ago.

Sure. We would have to set up the premium service. I can send you the premium service offer. You would have to provide her phone number. I may not be able to call today because I am leaving shortly. But Monday I can speak. I will will send you the offer.

Customer: replied 1 year ago.
I will have to make sure that she is free on Monday. Sorry to take up your time now.

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