Can my lawyer sue me for unpaid fees from a contract signed 12 years ago?

UPDATED: Jan 12, 2012

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Can my lawyer sue me for unpaid fees from a contract signed 12 years ago?

I signed a contract with a lawyer with my (now ex) wife to pursue child support for one of her children. I am now being sued by the lawyer for unpaid legal fees. The court summons shows a re-billed invoice but no breakdown of charges for work done.

Asked on January 12, 2012 under Bankruptcy Law, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can be sued for unpaid legal fees by a lawyer for a contract with him or her that was signed 12 years ago. The issue that I see which you could raise as a possible defense is that the claim may be barred by your state's statute of limitations.

My experience is that if you last made a payment to this lawyer for legal fees more than 4 yours ago, the lawsuit against you may be time barred by your state's statute of limitations for breach of a written contract or common counts.

You might want to consult with an attorney that does consumer law as to the statute of limitations defense I see for you possibly.

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 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.

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