Legal Question in Credit and Debt Law in New York
advice on a legal matter
I was awarded $100,000 Judgment in a tort lawsuit. The Debtor owns real property in new york valued at $700,000- free and clear. The courts gave me permission to sell the debtors home to recover the judgment. My attorney & the Queens city sheriff said it's going to cost me $40 to execute, $7,000 deposit for advertisement costs, $500 for title search fees of which I have to pay out of my pocket before the sheriff can auction the debtors home. I feel these charges are excessive. My attorney took my case on a contingency basis and I feel this is going against the contractual agreement. This case has been going on for three and 1/2 long years. I dont trust my attorney... from the beginning he has been mishandling my case making lots of mistakes to the point where he had to go back and forth to court to correct the mistakes that I discovered-causing many delays. He doesn't return my calls or faxed letters in a reasonable timely manner. He's rude to the point where I don't even feel comfortable dealing with him. This matter is becoming more & more complexed and it's a total nightmare. Please help me!
3 Answers from Attorneys
Re: advice on a legal matter
The costs associated with foreclosure greatly depend on where you live. Generally these costs are over and above contingency fees. In any case your lawyer should always treat you with respect and should always return your calls. If you'd like to discuss the situation please feel free to call.
Best,
Jeff
Re: advice on a legal matter
It sounds like your attorney has obtained a good result for you in getting a judgment and order permitting sale. Ethical rules in NY governing the practice of law prohibit lawyers from paying any expenses associated with the prosecution or defense or a lawsuit. An attorney may advance or guarantee expenses, provided that the client remains ultimately liable. Perhaps your attorney did not adequately this to you.
If you have an issue with your lawyer, it may be more productive for you to pursue attorney-client mediation through one of the programs run by the local bar associations (such as NY City Bar, NY County Bar or Brooklyn Bar), rather than switch attorneys at this point.
Please fee free to view the Frequently Asked Questions (FAQs) and Blog posting on our website at www.starrandstarr.com for additional information regarding debtor-creditor and litigation matters.
The foregoing is intended as general information of interest to readers of this website. Facts and circumstances not disclosed in your brief posting may materially affect your rights. You should consult with an attorney.
Best regards,
Re: advice on a legal matter
Some preliminary questions, - Was the judgment filed in Queen's County Clerk's Office in New York?
Are there any other assets of the Debtor?
Although you may be ultimately responsible to pay the debt out of the proceeds of the sale of the property, the cost of sale - publication, sheriff's fees, court costs, are added to the judgment. So instead of getting $100,000 plus interest, you would also receive back the costs of execution.
If I were your attorney, I would first try to execute against other assets of the Judgment Debtor, including rents, bank accounts, salaries etc.
If that fails, you should immediately execute against the property.
There are other ways to collect which are much cheaper.
If you need the services of this office, please feel free to contact me.
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