Do we have to pay because she won't?

[heather97]

My husband was involved in a legal case I do not know all the specifics, however in the court documents we received the other person involved in the case was ordered to pay the court fees. However that person has yet to pay them and now the Legal Firm is coming after us. Can they do this?

 

[dee_dub]

What legal firm? Do they say why they think your husband and you should pay?

 

[heather97]

The law firm is Anderson Nelson and Hall here in Idaho Falls. They do not give us a reason. I have court documents stating she is to pay the court/lawyer fees. The lawyer also said in an email when I contacted him about it, "She has been ordered to pay the fees, but she hasn't yet." What can I do?

 

[heather97]

I will mention that this was a case between my husband and his ex girlfriend - she was ordered to pay and now they are threatening us with legal action if we don't pay in the next 30 days.

 

[Duranie]

If she was told by the courts to pay your fees I do not see how they can come after him unless there is some disclaimer in the ruling. The law firm should be suing her, not him. If she doesnt have the money what makes the law firm think that you guys do?

 

[heather97]

I totally agree. I have gone above our lawyers head to the Firm Director to let him know the situation we are in. Hopefully this will deter them from bothering us in the future. I even gave them addresses to where they could get information on where to find her. Thank you very much for your reply though. I am glad someone sees it my way - (by the way there is no disclaimer in the court papers that says they can take legal action against us if she does not pay)

 

[dee_dub]

Wait wait wait.

This is your lawyer coming after you for your costs (which the court ordered her to pay)?

Tell us more about the order and about your retainer agreement with the firm. I'd be surprised if you're going to get off the hook for this. First off, "costs" as awarded by a court rarely cover the entire costs of your legal representation. Second, if the person you got costs against can't pay, your agreement with the firm might make you liable anyways.

 

[heather97]

My father in law paid the retainer costs. We had nothing to do with that. I don't know all the details of the case, or any agreements that may have been entered into for the lawyer to take on the case. I do know that it is ordered in the court paper for her to pay the legal costs in the amount of $750.00 (which is the amount they are telling us we owe). They have yet to give us an itemized bill - the lawyer also said (which I mentioned in my original post) when I asked him about the bill he was sending us "she was ordered to pay them but hasn't yet." Why does this make us liable? Why aren't they taking legal action against her?

 

[heather97]

I always think of things after I hit post - the lawyer never mentioned that he had to go to court. I know my husband never had to go to court. Nor was he ever contacted by the lawyer after the initial consultation. All we ever saw were papers. He never returned our phone calls, nor did anything that I feel warrants us paying. She dragged this crap out for over a year. I know this doesn't mean much, but I just had to put this out there.

 

[dee_dub]

Your father-in-law may have paid the costs, but who is the firm acting for? Who hired them? Did your husband enter into any kind of retainer agreement with them? If not, great - he can just tell the firm that their agreement was not with him. If he DID, then he needs to look to the terms of that agreement.

Whether you think the lawyer did anything worth charging for is a different matter. If someone is obliged to pay the lawyer, and they think the lawyer is charging too much, they can challenge the bill in court.

 

[heather97]

My father in law hired the lawyer. He paid the money. As far as any agreements between my husband and the lawyer I am not sure. I will have to dig a little deeper to find out about that. My husband never mentioned signing any papers nor did I ever see him sign any papers. I agree on the 2nd paragragh - whether we think he did anything or not he did help us - but not the amount he is asking for. I will keep you posted on things as they arise. Thanks for the words of "advice"

 

[heather97]

Sorry about the long wait on information. No my husband never signed any papers. In fact he made it very clear with the lawyer that his dad paid the retained and that his ex would be responsible for all of the legal fees, since she is the reason the case was ever brought against them. Apparently she was trying to get State Aid and lied on the application saying that my husband didn't pay child support (which he does every month) and other false statements. I haven't heard any feedback on the papers I sent the head hancho at the lawyers office, so we'll just wait and see.

 

[dee_dub]

Something doesn't add up here. But if your husband has no agreement with the law firm, I can't see why he should pay their bill.

Your father in law, now that might be a different story. The bottom line is, law firms get paid. Either by the person who lost the lawsuit to their client, or by their client.

 

[heather97]

I totally agree. If anyone should pay it should be either the ex or my father in law. I am calling the firm today to make sure no legal action has been taken against my husband. I will keep you posted. Thanks for all your advice!