Final Judgment

MY
Mark Young
Tue, Jun 12, 2012 11:09 PM

Material supplier sued Contractor for unpaid materials, service charges,
and attorney fees.  The contract gives the prevailing party attorney fees.
Clerk entered a default.  Court enters a Final Judgment awarding contract
accounts, service charges, and attorney fees.  Court mails a copy of the
Final Judgment to all parties.  Final Judgment was recorded in the public
record.  Material Supplier (Plaintiff) waits a year to enforce the judgment
and freezes Contractor's bank accounts.

About a year after the Final Judgment, Contractor files a Motion
Challenging The Final Judgment alleging Fraud.  Contractor asserts that the
award of attorney fees was excessive (50% contingency fee), which
Contractor alleges is equal to about $3,000 per hour.  No false statements
were made to the Court regarding attorney fees.  Any helpful cases?

Thanks,

Mark

Mark Young

Material supplier sued Contractor for unpaid materials, service charges, and attorney fees. The contract gives the prevailing party attorney fees. Clerk entered a default. Court enters a Final Judgment awarding contract accounts, service charges, and attorney fees. Court mails a copy of the Final Judgment to all parties. Final Judgment was recorded in the public record. Material Supplier (Plaintiff) waits a year to enforce the judgment and freezes Contractor's bank accounts. About a year after the Final Judgment, Contractor files a Motion Challenging The Final Judgment alleging Fraud. Contractor asserts that the award of attorney fees was excessive (50% contingency fee), which Contractor alleges is equal to about $3,000 per hour. No false statements were made to the Court regarding attorney fees. Any helpful cases? Thanks, Mark -- Mark Young