My father who is elderly loaned money to acquaintance through multiple promissory notes and that person did not pay the loan back. My father hired a Lawyer and sued him in civil court (Junior Division). Case went to trail and Judge ordered defendant to pay back the money to my father with interest. Court also ordered defendant to pay the costs for the case including Advocate fee. Judgment clearly says defendant has to pay my Father’s Lawyer and amount to be paid to him for each case. My father’s Lawyer spoke to defendant Lawyer and it seems defendant is not willing to pay my father (actual loaned amount + interest) or my Father’s Lawyer (Advocate Fee). Here are the my questions.
1. Since the defendant is not willing to pay my Father’s Lawyer, “Advocate Fee” mentioned in the judgment, my Father’s Lawyer wants my Father to pay the “Advocate Fee” mentioned in the judgment. My Father’s Lawyer did not mention this before taking up the case. The “Advocate Fee” in the judgement adds up to Hugh amount (Lakhs of rupees). Lawyer took fees upfront to file the case and also separetely for arugments in court and father’s understanding was that was all he had to pay to his Lawyer. My Father was neither told about any other Advocate fee or my Father himself paying if defendant refuses to pay. My Father is willing to pay the Lawyer when he receives money from Defendent. Does the law require my Father to pay “Advocate Fee” amount in judgment if defendant refuses to pay?
2. Based on this experience my Father now is hesitant to ask his Lawyer what next steps are, as defendant is refusing to pay my Father judgment amount with interests. Defendant lives in near by Town (District Head Quarters). Does my father need to go to court again? Which court does he need to go? Same court that issued the judgment or court where the defendant lives? Defendant is into business and can easily pay judgment amount but he refuses to pay. It has been around 3 months since the Judgment was issued. Can you please tell the steps next involved in collecting the money?
3. My Father is thinking of hiring a new Lawyer because of his bad experience with current Lawyer. Does my Father need any cooperation from his current lawyer? Like forwarding documents to new Lawyer or new Lawyer can get everything needed directly from Court to assist with execution of the judgment and collecting money from defendant?
