Not a good Credit Repair Day!

Discussion in 'Credit Talk' started by hurricane5, Jul 6, 2001.

  1. Reshod

    Reshod Well-Known Member

    Ethics Violation!!!!

    He proceeded in court on a false claim that had already been paid.

    He had knowledge of this payment before the court date and still proceeded in judgment proceedings against YOU!!!! Even after you settled the debt.

    There was no reason for you to spend an additional $400 to retain another lawyer, when the original lawyer could have resolved the initial issue.

    Great Point Bill!!!

    Good Luck,



    you never know who else he has done this too!!!!!!!
     
  2. bbauer

    bbauer Banned

    Didn't you say he had accepted your money and then filed suit on you anyway?
     
  3. Cyprigirl

    Cyprigirl Well-Known Member

    I agree sounds like he might have filed a frivilous claim. All he had to do was drop the suit. I am thinking he was going after attorney fees.


    If he did not go after you for attorney fees, then there has to a very good reason why he did not
    hmmmmmmmmm....


    Did you get a receipt or letter with the date that you paid?

    Then you could really prove that he proceeded with the case when he had no cause of action. I would be really curious as to the transcript of that hearing and how he argued to the judge considering if you had paid him prior to the hearing.

    Sounds like ethical violations!

    Anyway just my 2 cents :)

    Cyprigirl:)
     
  4. breeze

    breeze Well-Known Member

    But I meant, what am I going to get out of doing this? It takes up my time. and it won't change anything.

    I agree he screwed up. so did the court, and my lawyer wasn't too spiffy either. I don't think I am going to change anything by filing a complaint, though. Maybe, make an enemy who, if he ever has the chance, will throw a wrench in something else I do. Like the guy who filed suit on Roni after she complained to the labor board about her paycheck. Now she can't get her house because of the lawsuit.

    It isn't worth it, IMHO.

    breeze
     
  5. MiamiBlues

    MiamiBlues Well-Known Member

    Breeze

    I'm sorry to hear Roni wasn't able to get her new home. Its a shame she doesn't post here anymore. She posted a lot of good info.

    Manny
     
  6. Cyprigirl

    Cyprigirl Well-Known Member

    I see your point.

    You are right, it would be time consuming.

    It just seems unfair to you.

    But I guess that is life!



    Cyprigirl:)
     
  7. breeze

    breeze Well-Known Member

    I feel the same way, Manny. It's a shame people have to pick on other people.

    Romi's mortgage was on hold last time I talked to her on yahoo. It's the lawsuit that's holding it up.

    breeze
    ps Manny, send me some sun!!! It's raining here.
     
  8. MiamiBlues

    MiamiBlues Well-Known Member

    Breeze,

    We experienced a similar situation during our mortgage process. My wife was attending Nova Southeastern about 2 years ago completing her teaching degree. Into the term the Feds decide to pull her financial aid indicating she did not meet the criteria.

    Rather then deal with the matter my wife figured it would work itself out and did nothing. To make a long story short last summer a process server showed up at our front door with a summons. The university was suing her. To complicate matters further, I had been out of work for 2 weeks due to an on the job knee injury that required surgery, which was scheduled for the following week.

    I contacted our a network attorney from our legal insurance carrier who suggested I contact the Nova's attorney and try to work out a settlement. I tried that but this guy was a major SOB and refused to even talk to me. It was pretty obvious that this wasn't going to be easy so I limped over to an attorney that had been recommended by our legal insurance and he agreed to handle the matter accepting our legal insurance as payment in full.

    The guy was able to work out a repayment plan and keep us out of court. However, the SOB attorney for Nova showed up to court and got a default judgment against my wife, which happen to show up on my favorite bureaus' report...Merchants.

    Anyway, the judgment was vacated and has been removed from her TU credit history. Thank God Experian and Equifax didn't pick up on it! That would have been a nightmare!!!

    So I understand why your reluctant to file a complaint against that attorney. They can certainly make your life miserable.

    Manny

    PS

    It's pouring here too...no beach...no pool.
     
  9. breeze

    breeze Well-Known Member

    Exactly, Manny. As one of my old bosses put it, "It's better to make a good run, than a bad stand." LOL

    Wisdom comes with experience, huh? Most of the time revenge isn't worth it.

    If I thought that lawyer was just plain evil, or out to do people wrong, I might take the risk and report him. I have gone after some other insurance agent's licenses for intentionally unethical behavior. But I really think the guy made a mistake and then took the easy way out. Well, who doesn't do that sometimes. We all have. Live and let live.

    breeze
     
  10. hurricane5

    hurricane5 Well-Known Member

    I'd really like to thank everyone for the great advice/responses that they have given. My in-laws still live in the area that this transgression took place in and he knows a lot of attorneys. Maybe he can call in a favor for me?

    Worth a shot...I did let him beat me playing golf today ;-)
     
  11. bbauer

    bbauer Banned

    Breeze:

    I'd rather just kill 'em and let the Judge straighten out the mess.

    LOL
     
  12. breeze

    breeze Well-Known Member

    I wish!! They have some bad karma to work off, Bill. I have some good karma coming. :)

    breeze
     
  13. bbauer

    bbauer Banned

    Good Karma?

    Will it come out like the 100 year old man on his death bed who wanted a degree in law no matter what it cost him, so he called up this lawyer he hated and told him he would pay any amount to become a lawyer before he died.

    The lawyer asked him why he wanted to be a lawyer so bad when he was gonna die soon anyway.

    The guy replied "Just so there will be one less damned lawyer in this world."

    LOL
     
  14. breeze

    breeze Well-Known Member

    LOL, Bill.

    breeze
     
  15. godaddyo

    godaddyo Well-Known Member

    Breeze,
    I can definately see where you are coming from. I had a terrible situation with an attorney one time. When I went into her office for the initial consultation she told me that it would be a flat fee of $2000 to take my case. After the case was over I kept on receiveng bills for $500 from her office. I called her secretary and told her that I was billed on a flat fee. I told here there was no retainer and no contract. About 6 months later I get another bill. I was tired of dealing with it, so I wrote her a letter asking for the original contract stating that I was on an hourly basis. A month later I received a notice and a court date. She was suing me! Well, I didnt want to go head to head (because she really knows what she is doing). I called around to find someone to represent me (it was no longer about the $500 it was about the principle of it all). I couldnt find a single attorney to take on another attorney. THey just wont do it and when they do, they quote ridiculous retainers. It was going to cost me an arm and a leg, so I settled (against my own desires). IT just wasnt worth risking a judgement on my credit reports. That would have been a whole other headache, and besides she settled for $300. Much cheaper than hiring an attorney. Sometimes the risks arent worth your good credit or name...IT is not fair, but nothing ever is. All, I had to do was look at the scenario and figure out what to do. There would have been three parties in the case. An attorney, a judge(also an attorney and bias) and myself. Not a fair playing field as far as Im concerned...
     

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