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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12410
Experience:  JD, MBA
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I owe a bill that has been sent to a lawyer that insists on

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I owe a bill that has been sent to a lawyer that insists on a payment. I am trying to work with him but he insists on a certain amount each time but I cannot pay that amount each money. Work has been slow and I tell him that I have to see how much I can send at the end of the month. He refuses to work with me and says he will sue. I am trying my best to resolve this but I get no where with him. Please help me to resolve this nightmare.
Submitted: 8 years ago.
Category: Legal
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me the opportunity to assist you.

If the lawyer won’t cooperate, you could simply put the money aside that you can afford each month, and then wait for him to sue. If he sues and wins, he can go after some of your assets (if you have any), and possibly garnish your wages, but the most he can garnish is 25%. Therefore, even his garnishments would not be a set amount if your wages truly vary from month to month. That may be something to point out … and you could always consider bankruptcy. If you filed for bankruptcy, he would probably get nothing (though the nature of the debt could be such that it’s not discharged … it depends). Suing you may force you into bankruptcy, and he wouldn’t want that.

So, if I were you I’d tell him that you can only pay what you can afford, and that he won’t get any more than 25% of your wages even if he sues and wins, so he may as well make a deal that works better for you. I wouldn’t necessarily threaten bankruptcy, but you could mention that you’re trying to stay afloat so you don’t have to file for bankruptcy. That will probably catch his ear.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided was helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!


DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and is not specific legal advice.


Customer: replied 8 years ago.
The main issue here is a own a business related to the construction industry and for some time I had no work. I am now slowly getting jobs but sometimes the customers pay on 30 day terms. I told him that I am not neglecting this debt but in time I would be able to afford more later than now. He does not what to listen to reason, he just wants to sue. I told him that I would be sending something within a week and that is where he said he would refuse it and send it back. Am I doing the right thing by sending what I can, because that is all I can do at this time. Thank you so much for some inspiring words.
Expert:  TJ, Esq. replied 8 years ago.
Hmmm, with the business, the lawyer may be thinking that suing would be worthwhile because it may be a valuable asset. Does the business own anything of value, or is it basically just what you personally bring to the table? If there are assets, then filing for bankruptcy may not be the best idea either, since your business could be taken and sold in order to pay your unsecured creditors, such as this lawyer.

Still, I would do what I suggested earlier. Just make it known that you have no assets, that you're trying your best to avoid bankruptcy, that you know he can't get more than 25% of your net earnings if he does sue you, and therefore, you think that the payment schedule you suggest is fair and you can't do anything more. Put the ball in the lawyer's court.

I truly wish you luck.

TJ, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
No assets just labor in the business. I owe a few other debts which are not very much and they all work with me, no problems with these people. It is just this one that does not understand that we all are going through hard times but things are getting better. He demands more with less consideration. This will be that last reply I send, I think I am understanding what you are saying. Any more advice would be insuring to me. Thank you again and I will fight for my rights. Thank you again.