Legal Question in Credit and Debt Law in California
collection fees on judgment
can you sue the defendant for collections fee's charged by attorney on a stipulated judgment, when the attorney is charging a percentage of amount collected and fees to file motions, etc. we have been awarded attorney fees but are unsure when it comes to recovering the 25% charge on monies collected on judgment.
2 Answers from Attorneys
Re: collection fees on judgment
No. By signing the stipulated judgment, you were agreeing to an award of the attorney's fees specified in the stipulation for the judgment. It's not the defendant's problem if your legal fees are higher that what you agreement to accept in the judgment.
If the debtor doesn't pay and you engage in judgment collection activities, you can apply to the court for an award of your post-judgment legal fees.
Re: collection fees on judgment
No. You can only collect the amount of the stipulated judgment. That is exactly why people enter into a stipulated judgment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
