QUESTION

Can you file judgement against a bankruptcy attorney who took the fees but never filed then refuse to refund my money?

Asked on Aug 08th, 2016 on Bankruptcy - Nevada
More details to this question:
I paid all fees, filing fees and debt course fees in full for bankruptcy in January 2014. The fees were all withdrawn from my accounts by a law firm who for over three years later still have not filed my bankruptcy or refund one cent.
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6 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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It's expensive and time consuming to sue, particularly an attorney. (1) Send a certified letter to the attorney stating you will file a grievance with the Office of Disciplinary Counsel if you don't receive your funds within 7 days.(2) File a grievance with the Office of Disciplinary Counsel of the Supreme Court of Ohio.
Answered on Sep 08th, 2016 at 6:13 PM

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You can't file a judgment until you obtain one from a court. You need to file suit first if you believe you have the right. Many attorneys do not give refunds for partial payment in bankruptcy and contract that way. Failure to provide documentation needed for the filing is a common reason cases are not filed.
Answered on Sep 06th, 2016 at 5:44 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I do not understand your use of the term FILE A JUDGMENT. A judgment is an order from a judge deciding a legal action. Law firms can and do get sued over fee disputes, but this is seldom a fast, effective or satisfying way to resolve a dispute over a legal fee. The State Bar of Nevada can accept your complain involving a fee dispute and resolve this issue promptly with no expense to you. Of course, no matter which way you chose to proceed, there is never any guarantee you will be pleased with the results. I can tell you that in cases in which the client asks me for a refund, I am able to document where the money paid was fully used. It may have gone towards consultations (which after the first meeting, are NEVER FREE) and for document preparation. You are obligated to pay for the time spent on your case, even though nothing may have been accomplished. You may want to ask for an itemized billing statement before proceeding.
Answered on Sep 06th, 2016 at 5:43 PM

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I think you are asking whether you can sue a lawyer who took your money and did not do the work. The answer is definitely yes. You can also contact the United States Trustee for your district and tell him or her exactly what happened. They are very much committed to helping debtors who have been treated unfairly. But do be careful to assemble all the documents you need-e.g. your cancelled check(s); any fee agreement you had with this lawyer or firm; copies of all communications you had with them, etc.
Answered on Sep 06th, 2016 at 5:43 PM

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Bankruptcy Attorney serving Las Vegas, NV
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It depends on the facts of the case in total. I would first start with the state bar and the fee dispute committee.
Answered on Sep 06th, 2016 at 12:16 PM

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Bankruptcy Attorney serving Schenectady, NY
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Just ask for the money back they will gladly refund the money - there will be no need to keep the money - do they even have your contact information still? Please call them.
Answered on Sep 06th, 2016 at 12:16 PM

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