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.


Asked on 7/20/07, 2:27 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

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.

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Answered on 7/20/07, 2:35 pm
Jonathan Stein Law Offices of Jonathan G. Stein

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.

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Answered on 7/20/07, 6:01 pm


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