Can I add the cost of a contingency lawyer to the debtor if the contract allows for legal and collection fees to be paid by him?
If I get a contingency lawyer, can his fee be paid by increasing the amount he owes?
For example, if my judgment is for $100K and a contingency lawyer's cut is 30%. Could we go after the amount of $130K so $100 for me and 30K for the contingency lawyer?
4 attorney answers
Your question indicates that you have a judgment already. Is this a money judgment? Is this a decision on a motion? By the time a judgment is entered, the Court already includes attorney fees (if authorized by statute or contract between the parties) and court costs. Sometimes, out of NY State judgments will reflect these added items. How could an attorney execute on an unknown sum. I suggest you check your facts and then a more precise answer can be provided.
Where a judgment so allows, attorney fees of collection may be recovered, even where the attorney fees are on a contingent fee. The court may use the time the attorney spent and not the contingent percentage to determine the amount of attorney fees recoverable.
The information in this response based on California and Nevada law, your state may be different. This is not legal advice and no attorney-client relationship is established. This is only general information. You should consult with an attorney in your state. This is not legal advice and you must not rely on this information-Consult with an experienced attorney Consult with a Specialist in this area of the law. Search for an Attorney using the Avvo search tool. All answers are based on California or Nevada law. There are strict time deadlines so that you must file your lawsuit in Court or take other action. Even if we discuss your case further, All information applies to cases with jurisdiction in Nevada or California.
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If you’re reading the contract correctly in the judgment follows the language of the contract you have a very good argument
Perhaps. A motion is required to revise the judgment.
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