Legal Question in Civil Litigation in New York
past lawsuit
my fiance' had a previous lawsuit against him for fight a previous friend he beat him pretty bad, at the same time of this lawsuit he was already paying for a lawyer for his divorce which had lead to his altercation with this gentleman so he couldn't afford a 2nd lawyer. He went to court without representation, the judge order thated he pay the gentleman a sum of 1million+ ( I am not sure of the full amount) his wages are garnished weekly to pay the individual whom is now a drug addict. What legally can we do? Do you think we could get the judgement reduce?and also how is it understood that a working class person could pay off a judgement in that amount it's just impossible.
Thank you for your time
Tamara Henry
2 Answers from Attorneys
Re: past lawsuit
This is a perfect example of why you cant afford not to have an attorney, the court does not care about his ability to pay... his wages will continue to be garnished, taxes taken etc. until the money is paid off... it is ridiculous, but there is not too much that can be done about it - The fact that the person is now a drug addict means aboslutely nothing, the money was for medical bills and pain and suffereing as well as to punish your fiance for the actions he took...
the question now is this, how long ago did that case finish? how long has it been? it may be possible, to do a few things to make changes on this award BUT it highly deends n how long ago the courts decision was... please respond with the timing issue to my email address so we may further discuss this case.
212.709.8303
Re: past lawsuit
Again, this is a perfect example of why you should never go to court without a lawyer. The old saying applies: He who represents himself has a fool for a lawyer and a jackass for a client.
The interest on the judgment itself is 9% per year or on a million dollars $90,000 per year before you even begin paying off the original debt.
You may be able to reopen the case depending on any procedural errors that existed at the time the judgment is entered. However, we would need more information (including the paperwork).
You may be able to discharge the entire judgment in bankruptcy and not have to pay any of it back.
Please contact me to provide me with further information, so that I can best advise you what to do.
Remember, every week that passes means 10% of your wages are gone.
Jeffrey Lazroe