Legal Question in Credit and Debt Law in New York

Answering a Judgement

The lawyer that I hired in 1993 to handle my divorce is trying to collect money that has already been paid. he has sent me papers alleging that I still owe him money from this case. He is threatning to put a judgement against me for 450.00. He has never sent me a bill for any monies owing. How do I answer this complaint if he is defending himself? What is the proper procedure for answering a complaint?


Asked on 2/27/01, 6:03 pm

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Answering a Judgement

First, a complaint (or a demand for payment) is not a Judgment. In NY, an attorney may not sue a matrimonial client for fees without first advising the client of the client's right to demand binding arbitration of any fee dispute.

Your matter may have preceded the Fee Dispute Arbitration requirement.

If the money was already paid, check your records for copies of canceled checks or statements from the attorney ackknowledging payment.

Most attorneys I know would not have the time to sue over a $450 bill. However, if your former attorney does, it would be a small claims court matter and you may wish to consider the Statute of Limitations as a defense.

Hope this helps.

For more information, please visit my web site:

www.BravermanLawFirm.com

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Answered on 4/27/01, 7:11 am


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