Legal Question in Family Law in California

In 2001 I hired an attorney and signed an agreement to pay him $200 a month. That was the only way that I could afford to have him take the case and he agreed. I have never missed a payment once. He has been charging me a lot of interest each month and now my payment is less than the amount he is charging alone each month for interest. His office called me today and asked me if I could pay more money because now that the interest is more than the payment the balance will never be paid. However there will be a day when the actual service amount excluding interest will be paid off. My question is: Can he take me back to court at anytime to try and get more money from me even though we have a written agreement? Because paying more would be a hardship for me. This had to do with a family law/custody case.


Asked on 7/28/10, 2:29 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

He can sue you, in a separate lawsuit, to collect the money he alleges you owe him. Because your zip code is in Valencia, I have a bad feeling that I know which attorney you are referring to. (Initials "D.D.?")

You should have your agreement with him reviewed by an attorney. In some situations, an attorney can get in trouble for charging what is known as usurious interest. The payment plan must be scrutinized, to determine whether it is a usurious interest, or an exception applies that makes his contract legal.

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Answered on 8/02/10, 2:47 pm


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