Frequently Asked Questions (FAQs)

How do you charge for your services in collecting child and spousal support arrearages or collecting on a civil judgment?
• What do you charge per hour?
• If two lawyers meet with me or go to court with me do I pay for both?
• How much money in costs will I need to come up with to start?
• Can you garnish salary & wages?
• How much can be taken out of salary by wage assignment?
• How can you help me get my money?
• How long is my judgment good for?
• What are the advantages of using Friedman & Friedman instead of the Child Support Services Dept. ("CSSD") to enforce my order for support in a family law matter?
• What if the debtor declares bankruptcy?
• What if the debtor is self-employed?
• What if the debtor is retired?
• Can I collect interest on the debt?

How do you charge for your services in collecting child and spousal support arrearages or collecting on a civil judgment?

We usually charge 33 1/3% of all sums collected with the client advancing costs. Some clients choose to have us represent them on an hourly basis.

What do you charge per hour?

At present our hourly rates range from $300 to $500 depending on the experience of the attorney performing the service.  We endeavor to use the most cost efective methods in setting up a "team" to work on a matter usually consisting of a partner and an associate.

If two lawyers meet with me or go to court with me, do I pay for both?

With very rare exceptions, NO.  If a second attorney either sits in on a conference or appears in court it is for their partner in charge of a case's beneift.  If there is an expceitn the client is told before the fact for the client's approval.

How much money in costs will I need to come up with to start?

We require a minimum deposit to our trust account of $500. We accept checks, money orders or credit cards (Visa, Mastercard, Discover and American Express).

Can you garnish salary & wages?

Yes. In fact, new federal legislation allows us to use a California wage assignment for spousal or child support including arrearages in the other 49 states.  An Earning Withholding Order or Wage Garnishment can be used to collect on a civil judgment.

How much can be taken out of salary by wage assignment?

Generally, 50% of the debtors net salary can be levied on by wage assignment for support and 25% for an earnings withholding order or wage garnishment.

How can you help me get my money?

There are many ways we can enforce your judgment and collect the money due to you from the debtor. We can use your judgment to garnish the debtor's wages, file liens against the debtor's property and generally attach any assets held by the debtor. All actions are taken by licensed California attorneys experienced with debt collection and enforcement laws.

How long is my judgment good for?

General civil judgments are good for ten years and they may be renewed for a successive ten year term. Judgments and Orders made in family court for child or spousal support never expire but may be subject to "laches" if you don't try and collect on the judgment within a reasonable time after the judgement is entered.

What are the advantages of using Friedman & Friedman instead of the Child Support Services Dept. ("CSSD") to enforce my order for support in a family law matter?

CSSD can assist you in getting your support order enforced. While the CSSD has many resources to enforce support judgments, they also have a tremendous caseload and are not always equipped to give your case the personal attention it deserves. We provide aggressive enforcement of support judgments by a team of experienced California attorneys.

What if the debtor declares bankruptcy?

Money due for spousal and child support is NOT dischargeable in bankruptcy. Most civil judgments are dischargeable but some may not be dischargeable depending on a variety of circumstances. Representation in a Bankruptcy proceeding is subject to a separate hourly retainer agreement.

What if the debtor is self-employed?

If the debtor is self-employed, it will not be possible to get a wage assignment. But, there are many other ways to enforce your judgment or court order. A receiver can be appointed to take over the debtor's business thereby having the court assign virtually any monies owed to the debtor to you. We are also able to get liens on the debtor's real or personal property.

What if the debtor is retired?

We can have social security payments assigned to you for support arrearages. We are also able to attach most investments which the debtor may own.

Can I collect interest on the debt?

Yes. California law provides for interest at the rate of 10% per year from the date of the debt was due.