Legal Question in Credit and Debt Law in North Carolina

Trouble Paying Attorneys Fees

I recently concluded a successful child custody battle following a horrendous divorce. Over the the last two years I have paid my attorney in excess of 30K to handle divorce / custody related issues. On the eve of our custody trial my attorney demanded 10K in additional funds to continue (which I borrowed from family). Unfortunately the trial lasted 14 days and my subsequent legal bill is now approx. 45K. My attorney is aware that I'm flat broke (filed bankruptcy last year) but is threatening to sue me if I don't come up with payment in full ASAP. I have made subsequent payments on the account and have requested an installment plan to make good on my debt. This offer is falling on deaf ears. Typically would a Judge order a ''judgement'' against me or would the court order a reasonable pay-back plan? I want a pay-back plan but a judgement (reflected on my credit report) will keep me from getting back on my feet long after the bankrupcty fades. Please let me know!


Asked on 7/07/06, 8:50 am

1 Answer from Attorneys
Lynn Coleman Attorney-Mediator

Re: Trouble Paying Attorneys Fees

It is difficult to make a forecast or a prediction without specific information. Generally, a creditor including a lawyer is not required to accept an installment or pay back plan. A judge cannot order a creditor to accept installment payments.

I suggest you find out if your attorney will agree to participate in the NC State Bar Fee Dispute program. Information can be found at http://www.ncbar.com/home/faq.asp#5

If you have already admitted you owe all of the fees in the bill, the attorney may be able to bypass this program, but the link referenced here should answer your questions. Call the State Bar for further information.

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Answered on 7/11/06, 10:22 pm


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