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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 24870
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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I was divorced in sept 2011 final judgment. I have not left

Customer Question

I was divorced in sept 2011 final judgment. I have not left the state. Today for the first time I received from my divorce attorney a bill for $3500 saying that if I want to I can continue payments as originally scheduled or monthly get the appropriate amount of legal interest added to the amount. I paid my fees in full years ago but I no longer have proof of payment. I have never received a bill for fees in the last 9 years until today. Do I have any recourse if I do not have cancelled checks.? What is the statute of limitations on this type of thing?
Submitted: 5 years ago.
Category: Legal
Expert:  Law Pro replied 5 years ago.
How can you be divorced in September 2011 when it's not even September 2011?

The statute of limitations starts to run when there has been a breach of the agreement.

So, in this case the statute of limitations hasn't run yet.

Usually banks can, for a fee, go back and pull past checks even from 9 years ago.

So contact your bank and make that determination asap.

Then, if they can, inform the attorney that if he forces you to pay those fees you will file suit to recover such.

Don't you have a fee agreement with the attorney - something in writing what their fees were and when you had to pay by?
Customer: replied 5 years ago.
I was divorced in sept 2002. After doing research I found out that the statue of limitations for written agreements is 5 years per FL statute 95.11(2b). I no longer have anything saying fees etc, I destroyed all of the items related to the divorce years ago. The only thing I have is the final decree. I have no idea which bank I used back then, I've moved and changed banks several times since then.