top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Any advice on this lawsuit?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Any advice on this lawsuit?

    I filed CH7 no asset and have been discharged and closed as of 3/1/06.
    When I filed, I was being sued for a show animal that I had sold 3 years ago.
    My BK attorney listed the people suing me as an unsecured creditor on my BK papers.
    The other attorney handling this lawsuit has charged me over $5,000 for his services and the value of the animal was only $7,500.
    Now the attorney called me wanting to file a motion to dismiss the case and bill me more for this.
    Being that these people didn't object, does anything need to be done?
    I was under the impression that nothing further needs done
    My BK attorney was great, but this one just keeps billing me for anything and everything while he knows I'm broke.
    Thanks for any assistance in this matter.

    #2
    Lemme get this straight. Someone else sued you, and THEIR attorney is trying to bill you? You're joking right. Let him dismiss the case, he has no case in the first place, you owe nothing.

    Comment


      #3
      Is the attorney suing you a creditors attorney or the attorey YOU HIRED to handle the lawsuit over the show animal?

      Did you include this in your bankruptcy when you filed?

      If this is your attorney he is notifying you since you included him and his fee's in your bankruptcy that he is filing to dismiss your lawsuit that he is handling for you....
      He does not have to represent you any longer if you are discharging his fee.
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        No no, this has gotten twisted around here.
        I have two different attorneys. My BK attorney, and another from when this lawsuit was sevred 3 years ago.
        My BK attorney included the plantiff to this lawsuit in my BK as an unsecured creditor.
        I was discharged and I see the plantiff was sent the notice from my mailing matrix.
        Now I thought it was all over.
        Yesterday my attorney handling the lawsuit calls and tells me he thinks I should file a motion to have the lawsuit dismissed.
        Why would I file a motion to have the lawsuit dismissed when the plantiff was listed on my BK and they didn't file an objection?
        According to the way I read it, if they continue to come after me for the money they're suing for, they can get in trouble for that.

        Comment


          #5
          Okay, the attorney you hired for the animal lawsuit is requesting the case be dismissed? Right?
          You think that because it was listed in your bankruptcy that nothing else needs to be done regarding the case? Right?

          Since you discharged the debt in bankruptcy - the attorney you hired to represent you NEEDS to file papers to dismiss and be released from his duties on this case. Have you sent him a formal letter releasing him from this case?? If this case was on the Court docket, all of that will have to be formally dismissed......

          Just because you filed bankruptcy doesn't mean there aren't "loose strings" to clean up from the lawsuit you discharged.
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment


            #6
            The Motion to Dismiss will "tie up an end" legally speaking. That way, down the road, if a CRA investigator pulls your history at the Court House, if they follow it all the way to the end, they'll see the law suit was dismissed. You'll be able to get Court Certed docs to prove there was no judgement entered against you. Kind of a CYA for you actually.

            No fun spending the extra bucks, but could be worth it somewhere down the road.

            We were sued. A CRA opened an office in the town after we moved away. In a routine credit history check, the CRA sent an investigator to the Court House to check on us. He/she found the posting of the Law Suit, but did not follow the story to the end. The investigator entered a Judgement against us in our Credit Histories. We had to prove that Judgement listing was wrong.

            Plus, you close the door on this lawsuit as far as those plaintiffs are concerned as well. If they want to pursue it further, they'll have to refile, costing them bucks. And, a Judge might summarily dismiss it just because they're being pestery, wasting the Court's time.

            Could be to your advantage in several ways to proceed as the attny suggests.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X