Can an attorney file suit to enforce a judgment lien on a company that ceased business operations 3 years ago?

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Can an attorney file suit to enforce a judgment lien on a company that ceased business operations 3 years ago?

I owned a S-Corp with a partner that ceased business operations 3 years ago. We had been awarded a civil court judgment about 3 1/2 yers ago. The defendant contacted us 1 1/2 years ago and we agreed to a reduced cash settlement. We owed the attorney for legal fees prior to the business closing. He recently discovered that we settled the judgment and maintains an attorney whose work lead to a judgment has a immediate lien on the monies received from the judgment. He wants to file suit to enforce the lien. We did not sign a personal guarantee for his services and the business no longer exists.

Asked on August 17, 2012 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Depending upon what the presumed fee agreement that you have with the attorney that did legal work for you and your company the attorney may have an agreed upon lien on matters that he or she did work on. Read the fee agreement that you presumably signed with this attorney and see if such agreement pertains to the civil court judgment that you have written about.

If it does, then this attorney may be entitled under contract to file suit to enforce a judgment lien on the company that ceased business operations three (3) years ago.


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