Attorney I never used decides he wants money!

[Exployer1234]

So I was discharged from my BK on August 19th. I had my original consultation with an attorney back in January if this year. In February I out a 500 dollar retainer fee down, but no work was performed from the attorney. His office would not even return my calls and nothing was drawn up. After a month of dealing with this (very well respected attorney), who never returns phone calls, I decided his services were no longer needed. I got my 500 dollars back at the beginning of March.

Well during this time I continue to get past due notices from him. Yes, even why I was going through the BK process. I hired a new attorney in April. Well in July I called them for the 6th time and asked them to take me off there list because nothing was owed. They said it was their fought and they would take it out of there system.

So yesterday I received another past due statement. I am sending them a cease and desist letter. He has 30 days to correct the information before I have my lawyer report him to the bankruptcy court.


Now how am I supposed to pay a lawyer for work he never performed and for another bankruptcy when mine was discharged 8/19? I am getting a kick out of this.

[tobee43]

lol....yes, once in a while when we are in the absolute RIGHT...it's a bit fun to play...

you know what's the scariest part of this...is THESE ARE THEY TYPES OF PEOPLE RUNNING THIS COUNTRY!! incompetent, dumb people!

their the ones with JOBS....it's a sad day....

[Exployer1234]

I would just love for this to go in front of a judge! For one I have proof that I was given the money back. Secondly if no work was ever done and I never officially hired them how can they expect to be paid. Lastly how are you going to collect on a "past due" debt that is not owed for a BK case when the person has already been discharged from bankruptcy? I just want to see the look on the judge's face on that one!

[tobee43]

I would just love for this to go in front of a judge! For one I have proof that I was given the money back. Secondly if no work was ever done and I never officially hired them how can they expect to be paid. Lastly how are you going to collect on a "past due" debt that is not owed for a BK case when the person has already been discharged from bankruptcy? I just want to see the look on the judge's face on that one!

don't be too excited THAT judge is most likely the atty's LAW partner...LOL!!!!!!!!!!!!!

[Flamingo]

Your answer lies in the retainer agreement you signed/obtained when you put down the $500. You state you received your $500 back; even though no work was performed, if you backed out of the agreement after signing is there a fee charged in the event you do or any clause listed a certain percentage of that $500 is kept by the attorney? If they are billing you for $500 but gave the $500 back to you and there is no indication in your retention agreement you would owe any funds if you decided to go to another attorney after signing that agreement, they have a bookkeeping/computer/clerical issue that a good letter with all supporting documentation, sent certified mail, return receipt requested, would clear up.

[Exployer1234]

I did not sign anything with the attorney. I put the 500 dollars down, but I was told until I finish paying all the money no paperwork would be signed and no agreement would be entered. I tried for over a month to get the attorney's office to call me back so I could schedule my time to sign all my paperwork and give them the money. I received no call back. They ended up refunding the money because nothing was done and no agreement was signed. They are trying to bill me for 1400 dollars which is the rest of the BK fee.

[tobee43]

I did not sign anything with the attorney. I put the 500 dollars down, but I was told until I finish paying all the money no paperwork would be signed and no agreement would be entered. I tried for over a month to get the attorney's office to call me back so I could schedule my time to sign all my paperwork and give them the money. I received no call back. They ended up refunding the money because nothing was done and no agreement was signed. They are trying to bill me for 1400 dollars which is the rest of the BK fee.

personally i think he's toast...burnt toast...

also make yourself feel even better and call your local bar assoc....and then the state bar assoc.....and file a complaint...it will most likely be a slap on the wrist if anything...that is unless there has been numerous complaints filed for overbilling...a big big no no in the legal world of ethics...or it was back in the honest days.

[ccaplinger]

I would contact the state bar association and report this to them. Maybe if they get contact from them the attorney will stop.

[Flamingo]

I did not sign anything with the attorney. I put the 500 dollars down, but I was told until I finish paying all the money no paperwork would be signed and no agreement would be entered. I tried for over a month to get the attorney's office to call me back so I could schedule my time to sign all my paperwork and give them the money. I received no call back. They ended up refunding the money because nothing was done and no agreement was signed. They are trying to bill me for 1400 dollars which is the rest of the BK fee.

Well they got you good without something signed as to a retention agreement. It is a your word against theirs thing. They probably wanted the rest of your fee sent in prior to getting the paperwork done and since they didn't receive it, did not continue with your case due to nonpayment. Without any signed agreement in hand you could be stuck on this one. All you can do is file a complaint against the attorney with the state bar association but once they check with the attorney as to the situation, you can bet their response will be similar to what I stated above. Never retain professional services from anyone or give a deposit on anything without obtaining something in writing.

[Fresh]

You should contact the state bar association immediately, so that the bills will stop. It's very unprofessional and the attorney doesn't have a leg to stand on. Do not sweat this. There is no agreement.

[Exployer1234]

Well they got you good without something signed as to a retention agreement. It is a your word against theirs thing. They probably wanted the rest of your fee sent in prior to getting the paperwork done and since they didn't receive it, did not continue with your case due to nonpayment. Without any signed agreement in hand you could be stuck on this one. All you can do is file a complaint against the attorney with the state bar association but once they check with the attorney as to the situation, you can bet their response will be similar to what I stated above. Never retain professional services from anyone or give a deposit on anything without obtaining something in writing.

I do have the receipt that was given to me when I gave them the 500 dollars and I also have a receipt where they gave the money back to me. I also have the copy of my bank records where the check was deposited back into my account. I also have a letter from them that was sent with the check stating I owe nothing and the account was closed, this letter has there own letter head. That is why I think if it does go to court the case would be dismissed. They are trying to collect on an account that does not exist.

I think they never took me out of the computer. The paralegal is the office manager, and she does not do her job. You are not allowed to contact the attorney. Maybe I should just stop in and see if I can get an appointment with him. He may not be aware that this is even going on. Whatever the case is it has to get fixed.

I bet you are right though. If it does go to court somehow paperwork would automatically appear that they had "completed" my BK paperwork and I never paid. Since I filed BK already it puts my word as meaning nothing. The problem with this theory is that I have all the receipts and letters from them stating the account was closed and money was refunded due to non-work. I think I will go ahead and make a complaint against them. At least I can get the ball rolling.

[tcreegan]

Hi all,

This is pre-petition. Trying to collect on a pre-petition debt = violation of the discharge injunction. Game over. Period.
Doesn't matter what got signed, what got paid, refunded, who has a receipt, who is on first...

Document the collection attempts, see if your new lawyer wants to go back to BK court to collect damages + legal fees.

Congrats on your discharge Exployer1234!

Tom in Colo

[helpmeout]

Well they got you good without something signed as to a retention agreement. It is a your word against theirs thing. They probably wanted the rest of your fee sent in prior to getting the paperwork done and since they didn't receive it, did not continue with your case due to nonpayment. Without any signed agreement in hand you could be stuck on this one. All you can do is file a complaint against the attorney with the state bar association but once they check with the attorney as to the situation, you can bet their response will be similar to what I stated above. Never retain professional services from anyone or give a deposit on anything without obtaining something in writing.

Isn't any debt discharged in a bankruptcy filing? And isn't that why lawyers in a Chapter 7 filing have the fee completely filed before filing?

I don't think that the OP is on the hook for this. I think that the attorney is violating bankruptcy laws and can get into trouble for this. And is just hoping that the OP isn't aware of this.

Of course, I am not an attorney and the OP should consult with the attorney that she used for the bankruptcy to confirm this.

[Exployer1234]

Thank you everyone for your help. I plan on calling my lawyer first to make sure how I need to proceed. The last thing I want to do is have to reopen my BK case. I wish I could have spoken with my lawyer today, but I worked 14 hours today so I did not have a chance to call her. I will let everyone know what happens.

I can not stress enough to always research the attorney you are using. If the attorney does not return your calls within 48 hours I would not hire them. Yes I understand they are busy, but you are paying them to do a job. Don't sign anything until you are sure you are going to use them.

[Flamingo]

Helpmeout wrote: "Isn't any debt discharged in a bankruptcy filing? And isn't that why lawyers in a Chapter 7 filing have the fee completely filed before filing?

I don't think that the OP is on the hook for this. I think that the attorney is violating bankruptcy laws and can get into trouble for this. And is just hoping that the OP isn't aware of this.

Of course, I am not an attorney and the OP should consult with the attorney that she used for the bankruptcy to confirm this.

No not all debts are discharged in a bankruptcy filing. Anyway, after my posting above the OP indicated there was a letter that came with the $500 refund of his fee from the attorney's office and also other information that was not listed in his original posting. It appears it is just a clerical problem but the main lesson from all this is never ever retain services from anyone without something in writing as to an agreement or contract.