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  • 1.  Fee Arbitration

    Posted 08-05-2014 01:18 PM

    Good Afternoon Everyone,

    A client and I attended fee arbitration. I won my fee and the client appealed. I just received a notice stating that the appeal was denied and the original decision of the fee arbitration committee stands. Does anyone know what the next step would be to collect my fee? I know this client is not going to simply send me a check. Any advice would be greatly appreciated.
    -------------------------------------------
    Lorraine Medeiros Esq.
    Newark NJ
    (201)401-1785
    -------------------------------------------


  • 2.  RE: Fee Arbitration

    Posted 08-05-2014 01:24 PM
    Lorraine:

    I am on the District VIII fee arb panel until the end of this month, but I have had experience with your issue.

    Write to the client to pay. If you don't get paid, you must file a complaint and OTSC in Superior court, law Division, suing the client on the award. It is binding arbitration so you are suing to enter judgment on the arbitration award.

    If you have to start suit and need the forms, contact me privately and I can email them to you.

    -------------------------------------------
    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600
    -------------------------------------------


    Original Message


  • 3.  RE: Fee Arbitration

    Posted 08-05-2014 01:25 PM

    The client has 30 days to pay the fee award under the rules.  You can file a summary action for judgment if they don't pay.

     

    Alice M. Plastoris, Esq.

    82 Speedwell Avenue

    Morristown, New Jersey 07960

    973-538-7070

    973-538-7088 Fax

    [email protected]

     




    Original Message


  • 4.  RE: Fee Arbitration

    Posted 08-05-2014 04:56 PM
    [Non-text portion of this message removed]

    Lorraine,

     

    You have to file a motion in the Family Part, on notice to the former client, to confirm that Arbitration Award.

     

    Once the Award is confirmed, you can docket it as an enforceable judgment and start normal collections practice, including wage execution, sale of personalty, sale of real estate, etc.

     

    If you need help, let me know.  Sadly, in 35 years of law practice, I have become an expert in collections versus former clients.  What they don't teach you in law school you have to find out for yourself.

     

    Hanan

     


    Hanan M. Isaacs, Esq.

    [Non-text portion of this message removed]

    Hanan M. Isaacs, P.C.
    4499 Route 27, Kingston, NJ
    t 609.683.7400
    f 609.921.8982
    vCard: Download here >>
    [email protected]
    www.hananisaacs.com

    		[Non-text portion of this message removed][Non-text portion of this message removed][Non-text portion of this message removed]
    [Non-text portion of this message removed]

    Compassionate counsel; tough advocacy.

     

    NJSBA | Communities | All Discussions | All Discussions | Family Law

    Fee Arbitration

     

    From:

    Lorraine Medeiros    

    To:

    Family Law    

    Posted:

    Aug 05, 2014 1:18 PM

    Subject:

    Fee Arbitration

    Message:


    Good Afternoon Everyone,

    A client and I attended fee arbitration. I won my fee and the client appealed. I just received a notice stating that the appeal was denied and the original decision of the fee arbitration committee stands. Does anyone know what the next step would be to collect my fee? I know this client is not going to simply send me a check. Any advice would be greatly appreciated.
    -------------------------------------------
    Lorraine Medeiros Esq.
    Newark NJ
    (201)401-1785
    -------------------------------------------

    Be the first person to recommend this.

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    Original Message


  • 5.  RE: Fee Arbitration

    Posted 08-06-2014 05:08 PM
    We have always filed an Order To Show Cause for a Summary Proceeding to enter Judgment in the Law Division. If you file in the Family Division, do you notice the adverse party? Does the Family Part even have jurisdiction?

    -------------------------------------------
    Mark Gruber Esq.
    Hopatcong NJ
    (973)398-7500
    -------------------------------------------


    Original Message


  • 6.  RE: Fee Arbitration

    Posted 08-06-2014 05:18 PM

    If you filed a motion for an attorney lien in the divorce action and it was granted and the martin hearing was stayed for the fee arbitration, you file the Order to Show Cause with the family part judge under the FD docket no.

     

    If you DID NOT file a Motion for an attorney lien, then You file an OSC in the Law Division to enforce the fee arbitration award as a summary proceeding.

     

    Either way you must give the debtor notice of the court filing.

     

    Alice M. Plastoris, Esq.

    82 Speedwell Avenue

    Morristown, New Jersey 07960

    973-538-7070

    973-538-7088 Fax

    [email protected]

     




    Original Message


  • 7.  RE: Fee Arbitration

    Posted 08-06-2014 05:27 PM
    Mark:

    You're right. It gets filed in the Law Division.

    -------------------------------------------
    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600
    -------------------------------------------


    Original Message


  • 8.  RE: Fee Arbitration

    Posted 08-05-2014 05:00 PM

    Verified Complaint and otsc.  Send me an email off list, and I'll send you docs.

     

     

      [Non-text portion of this message removed]

    Mark F. Saker, Esquire

    Attorney ID #271831971
    Cerrato,  Saker & Wilder
    A Professional Corporation
    819 Route 33
    Freehold, New Jersey 07728
    O:  (732) 431-5000 X 125
    F:   (732) 462-0483
    C:   (732) 915-5190
    E:       [email protected]

     

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    Original Message


  • 9.  RE: Fee Arbitration

    Posted 08-06-2014 06:04 PM
    [Non-text portion of this message removed]

    Bob is probably correct.

     

    Last time we filed a Motion to Confirm Arbitration Award in a Family Part case, I recall having filed it in the Family Part. It makes more sense to file it in the Law Division.

     

    Hanan

     


    Hanan M. Isaacs, Esq.

    [Non-text portion of this message removed]

    Hanan M. Isaacs, P.C.
    4499 Route 27, Kingston, NJ
    t 609.683.7400
    f 609.921.8982
    vCard: Download here >>
    [email protected]
    www.hananisaacs.com

    		[Non-text portion of this message removed][Non-text portion of this message removed][Non-text portion of this message removed]
    [Non-text portion of this message removed]

    Compassionate counsel; tough advocacy.

     

    NJSBA | Communities | All Discussions | All Discussions | Family Law

    RE: Fee Arbitration

     

    From:

    Robert Goldstein    

    To:

    Family Law    

    Posted:

    Aug 06, 2014 5:27 PM

    Subject:

    RE: Fee Arbitration

    Message:

    Mark:

    You're right. It gets filed in the Law Division.

    -------------------------------------------
    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600
    -------------------------------------------


    Original Message


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