Q: Question of Civil Contempt of Court North Carolina for an Adminstrative Law Judge's Order of payment
I was given notice a law firm is filing civil contempt of court for not paying them $40,000 from a decision of an administrative law judge. The matter was at OAH in Raleigh. The other party's attorney and the ALJ are really good friends. They think my wife and I are loaded, but we are not. We just stay in our budget.
In the matter of case the ALJ is barred from issuing monetary sanctions and attorney fees. But she did, a whopping $40k. Attorney fees for such case has to go to federal district court upon motion. They will lose in federal court so she wont file there. The opposing attorney subpoenaed like 4 banks (2 I don't use) looking for money. On top she sent in for civil contempt for me not paying the $40,000. She is very shady and dishonest. The case is now at Superior Court for a judicial review.
I called the clerk of courts for the three possible counties she can issue. First they said there is nothin filed there. There is no judgement, just an order.
What should I do?
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A:
You should gather all documentation related to the case, including the administrative law judge's order and any correspondence with the opposing attorney. Ensure you have records of your financial situation to demonstrate your inability to pay the $40,000. This can include bank statements and income records.
Next, consult with a legal advisor who can help you navigate the complexities of this situation. They can provide guidance on how to challenge the ALJ's order, especially if it exceeds her authority to issue monetary sanctions and attorney fees. Emphasize the potential conflict of interest due to the relationship between the ALJ and the opposing attorney.
While waiting for the judicial review in Superior Court, remain proactive in your defense. Document all interactions with the opposing attorney and any attempts they make to collect the funds. This documentation may prove useful in showing the court any overreach or misconduct on their part. Stay organized and prepared to present your case clearly and accurately.
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