QUESTION
If getting your funds returned from a garnishment after a chapter 7, can my attorney take 20% of it?
Asked on Feb 02nd, 2017 on Bankruptcy - Ohio
5 ANSWERS
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
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He can do so only if (a) there is an agreement between you and him or her to that effect, and (b) the court has approved the fee. If it is a very small sum of money, it's not likely worth bothering about. If it is something more, discuss it with your lawyer. After all, if he did a piece of work which you requested, and he obtained a benefit for you, then he is entitled to payment.
Answered on Apr 07th, 2017 at 6:54 AM
Depends on your agreement.
Answered on Apr 07th, 2017 at 6:54 AM
Did your attorney provide you with additional legal services to make this refund happen? Did your fee agreement specify how you would compensate your attorney for providing additional legal services such as this?
Answered on Apr 07th, 2017 at 6:54 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, the payment to your attorney in a Chapter 7 is set by your contract.
Answered on Apr 07th, 2017 at 6:53 AM
1 Award
You attorney can take whatever you and your attorney agree on. Your attorney must do extra work to recover this money, so your attorney will want to be paid for that extra work (i.e. more than just the standard chapter 7 process). It is common for an attorney to do this on a percentage basis.
Answered on Apr 07th, 2017 at 6:53 AM