To: Saundra Duffy
You need to give us some more information about this case. This $77,000 thing is somewhat odd since attorneys' fees are generally only recoverable pursuant to contractual terms... and pursuant to statute, under limited circumstances. Obviously there was no contract here, and I don't see what statute could apply.
The only thing left is that you were hit for maintaining a frivolous lawsuit. But even there, the opposing attorneys are required to send you a letter first documenting why your position is frivolous and then give you a 30 day "safe harbor" period in which to drop your case. Did you ever get such a letter? Maybe your lawyer did, but he never bothered to inform you of it. If so, ask him for the name of his malpractice carrier.
133 posted on
11/28/2002 12:14:26 AM PST by
ambrose
To: ambrose; Saundra Duffy
Saundra can verify, but I believe the plaintiffs were assessed the fees because the judge ruled it was a frivilous lawsuit. And yes, she should check the attorney's malpractice insurance to see if their insurance will cover this--if they carry malpractice insurance. Not all attorneys do.
From this point, beyond the lien, they can do debtor's examinations, subpoena bank records and exercise a wide variety of creditor's enforcement actions.
140 posted on
11/28/2002 3:37:16 AM PST by
Catspaw
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