Legal Question in Credit and Debt Law in New York

Collection of Retainer Balance

I have a judgment of $100,000 against a local home builder. I sent out an Information Subpoena containing a Restraining Notice to his current attorney and then received an answer that the attorney held a $5,000 retainer balance for his furture service. In two months, I levied upon $5,000 but the attorney refused to forward the money to Sheriff, by stating he incurred service between. Can the attorney transfer the money under the rRestraining Notice and Can I collect the $5,000? Best regards.


Asked on 5/11/08, 1:17 am

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Collection of Retainer Balance

The attorney should not have used the $5,000 for future legal fees. He was obligated to seperate the money and await for a sherriff's execution.

You would need an attorney who can assist you. It is an unfair fight if you don't have one.

There a so many avenues that you can take against the homebuilder to collect your monies. Not the least of which was to execute immediately upon the execution.

Is the local home builder a corporation? Did you sue him individually, and if not why not?

These are some questions that must be answered to enforce the collection effort.

I have over 35 years of experience in collecting judgments against all types of corporations, partnership and individuals.

I have always believed that if you work fast and strike while the fire is hot, the first person collects the money, while the others stand in line.

If you need the services of a collection attorney, please keep me in mind.

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Answered on 5/11/08, 3:07 pm


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