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I have a ruling to pay-an attorney-I do not have the funds-

what can I do? What...
I have a ruling to pay-an attorney-I do not have the funds- what can I do? What type of motion can I file
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Answered in 11 minutes by:
3/9/2018
DanLegal
DanLegal, Divorce Lawyer
Category: Family Law
Satisfied Customers: 694
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello, my name is ***** ***** I am happy to help you today - what type of case got you the judgment? civil, family, or criminal?

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Customer reply replied 5 months ago
Sorry family

Thank you - Let me answer your question directly. There are two different ways that you can go about taking care of that issue. The first, is to contact the attorney and speak to him about your financial situation and set up a payment plan with him that works for both of you. This is a common practice to pay an attorney. The second option you have is to file a hardship motion in court and attach a financial affidavit and have the judge review your financials and set up the payment plan for you. This would be my second choice as the court could still set up a plan that is difficult for you.

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I hope that I have answered your question and given you the next steps - can you please rate me with 5 stars

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Customer reply replied 5 months ago
Thank you- I don't agree with the order. I have a new judge at this time, and a hearing or an ADR hearing- my case is quite complex-

okay - you can always file a motion to reconsider or a motion to vacate the judgement against you and fight the order itself - before doing the aforementioned steps.

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Customer reply replied 5 months ago
Thank you I will think on those motion to vacate I'd have to have a reason I don't know if it will be for financial hardship or if I can file a motion to postpone ruling depending on the outcome of the ADR hearing That is scheduled for April 3rd , Or can I file a motion to vacate since I'm having an ADR hearing in which I am going to bring evidence as to why .
That order was saying that I was supposed to pay him by today am I supposed to put these motions to vacate or reconsider today?

yes you will need to file those motions as soon as possible - generally speaking you will need to file a motion to vacate 30 days from when the order was entered.

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Customer reply replied 5 months ago
Ok This order was in or on September 12 saying I had till today to pay but I got a new attorney in he came on and filed a motion to Have more time to sort out my case and by the time he was given that it was end of December that he got the motion denied
Right after that I filed a motion to vacate, the ex filed a motion to enforce, and then there was a new judge assigned, who is requesting an Adr hearing at this point there are no attorneys involved im confused????

I'm sorry what are you confused about - with the timeline you have just gave me, you will need to file a motion to reconsider the judgment. ADR will be a mediation to try and settle your case as a whole - not the attorneys fees

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Customer reply replied 5 months ago
Ok I got it- thank you I will do that now-what was confusing-was that a chapter 13 was going on the same time this divorce matter was taking place-
So I just did something- that I had not done before- and that was just discuss divorce only- and left the other matter out-that the ex threw in during this DV matter-this chapter 13., which makes a question come to mind- about the preliminary injunction- it stated that the parties were not to encumber property unless we discussed it first together and agreed or judge agreed as well- but this never happened- he filed the bk without asking me-and our property was only 1 month behind. So when he filed the bk was this not a violation of the preliminary injunction sense he encumbered the property without getting approval from me or the judge? Please forgive but these questions just start coming to my mind-I don't know if you can even answer them.
However Your explanation gave me a better understanding on how to proceed if I was just dealing with the DV matter-sorry for my confusion but - since this bankruptcy came in during the whole divorce matter -not after not before but during- this simple DV matter turned complex and muddy-

Unfortunately without being able to see your case as a whole I would not be able to answer that question with any specificity and that wouldn't be fair to you.

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But could you please rate my answer with 5 stars - as it seems I have answered your initial questions.

DanLegal
DanLegal, Divorce Lawyer
Category: Family Law
Satisfied Customers: 694
Experience: Partner at McCollum Hodgkinson, P.C.
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