Legal Question in Family Law in California

I fired my divorce attorney because he was ineffective and then I finished the divorce representing myself. It has been over two years since I fired him and I have not paid the balance due on my account since firing him. He sends me invoices but I ignore them.

I have since lost my house and been laid off my job. I am collecting unemployment and retirement benefits from my ex-husband. I have no assets other than my vehicle.

What, if anything, can this attorney do to collect his debt? Can he garnish my unemployment wages or STRS benefit payments? Can he seize my car?

Thank you!


Asked on 11/09/09, 4:47 pm

1 Answer from Attorneys

He cannot do anything without first giving you an opportunity to contset the fee in mandatory fee arbitration. If you decline that offer, he then would have to sue you for the fees. Only once he has a judgment against you for some amount could he go after assets. Most attorneys know that the number one cause of malpractice law suits is as cross-complaints in an action to recover fees. So unless you owe a lot of money AND he is sure you didn't really have legitimate cause to fire him, he may just be content with sending you invoices to make his receivables look good.

Read more
Answered on 11/14/09, 6:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California