I lost a civil trial (was plaintiff) and the defense lawyer has filed for court costs which exceeds $10,000.
1. If they file for attorney fees (could exceed $50,000) is there a chance that the judge can deny it? Under what circumstances can they deny it?
2. How many days does the defense lawyer have until they can file for attorney fees after the verdict has been entered?
3. How long do I have after the judgement has been entered to pay these fees?
4. If I can't pay it, what happens?
2007-05-20 11:19:42 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This is Los Angeles County jurisdiction.
Thanks.
2007-05-20 11:33:00 · update #1
They can get fees if it can be shown either 1)That the law allows them to claim it just for winning the case, or 2)The law allows it because they won the case, and that your filling of the case was frivolous.
In either case you can have your lawyer file objecting to the fees. It depends on the state in which your in how long you have to file objection. The court will normally give a deadline to pay the fees if they prevail in getting them. If you don't pay they can have the court seize property, bank accounts, or get a wage garnishment order. Filling bankruptcy may or may not do away with this debt, and of course means that you'll lose all your assets except for what the law/court allows you to keep.
2007-05-20 11:28:05 · answer #1 · answered by caffeyw 5 · 0⤊ 0⤋
Ask your attorney. The answer will vary geatly depending on the state. Also a judge will typically only warrant attorney fees if the plantiff did something really wrong, and out of line.
2007-05-20 11:41:21 · answer #2 · answered by Anonymous · 0⤊ 0⤋
All of your questions are based on the Tort law of your State. There is a large difference in law from the different states, and if you had such a large civil trial- I am certain you have an attorney. He/She is the person to ask.
2007-05-20 11:24:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Dear, no worries. All your problem can be solved. I will suggest you to take help from www.legalservices4less.com. They have got good attorneys for just $1 a day. And they are very helpful
2007-05-21 21:56:21 · answer #4 · answered by james 3 · 1⤊ 0⤋
It varies by state for all of your questions. Generally, they would have to prove you did not have reasonable cause to sue in order to claim attorney's fees.
2007-05-20 11:50:24 · answer #5 · answered by STEVEN F 7 · 0⤊ 0⤋
The lawyer who represented you can answer these questions.
2007-05-20 11:47:24 · answer #6 · answered by beez 7 · 0⤊ 0⤋