QUESTION
Custody Lawyer threatening to take me to court for balance on account
Asked on May 27th, 2013 on Collections - Florida
More details to this question:
My lawyer quit, when she did, she demanded full payment. I discussed setting up payment arrangements of $250 a month until the balance was paid. She refused this and demanded the entire ~$3000 balance in full. I have made multiple small ($25-$50) payments to her over the past year. Since returning to court with a new lawyer, and given my income and child support obligations, I pay as much as i can when i can, which is not every month. The checks that I have sent her have been cashed each time, and the balance subtracted from my account. She recently sent me a letter in the mail offering the settle for half of the balance ~$1500, within 30 days, or she would be taking me to court for the entire balance. If she has been accepting money from me cant she still take me to court for non-payment?
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Depends on the terms of your contract with the lawyer. If you agreed to pay her when billed for the work done, she may be entitled to full payment on demand. You should check your retainer agreement to see what the terms were. In general however, you making payment of "what can afford" does not typically prevent anyone from suing you, this an urban myth in most instances and many people, especially lenders like credit card companies, include specfic language to avoid those issues .
Answered on May 29th, 2013 at 2:52 PM
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