Can an attorney file suit to enforce a judgment lien on a company that ceased business operations 3 years ago?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.