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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27992
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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If we have a judgment in place with the court that has been

Customer Question

If we have a judgment in place with the court that has been in place for two months and we have not gotten a payment from the person, if we hire an attorney can we request that attorneys fees be added to the garnishment amount we are seeking?
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Yes, at this point, you can ask to be awarded attorney fees. The reason being is that you obtained a judgment and the defendant is expected to pay. If they do not, you will be incurring an additional cost to try and collect it and it would not be reasonable or fair for you to have to pay an attorney, which would essentially reduce your judgment amount. As such, you can ask to be award attorney fees, since the other party is failing to comply with and pay a judgment entered.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 2 years ago.

How often do you think the judge will award attorney's fees? We are in Georgia and the party that owes the money is in Indiana. It would cost us more to appear in court than to let the attorney do it.

Expert:  FamilyAnswer replied 2 years ago.
I think there is a good chance. The reason why I say this is because if you had to pay an attorney, you would be losing money. For example, if the judgment was for 5000 and an attorney would charged you 2500, why should you have to use money which you were awarded to try and collect from the defendant, who has an obligation to pay and is not. Moreover, the attorney you consult with, will tell you how often they recover attorney fees for collection/garnishment cases like these.
Customer: replied 2 years ago.

Thank you.

Expert:  FamilyAnswer replied 2 years ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please rate my help at this time, so I can receive the proper credit. Thank you.