QUESTION
If my attorney didn't file my bankruptcy before my foreclosure sale date, how do I fire my attorney and ask for my money back?
Asked on Jun 16th, 2017 on Bankruptcy - California
More details to this question:
I hired an attorney to file bankruptcy in order to save my home. He assured me everything would be filed on time. I called the days leading up to the sale date to make sure it was properly filed. He assured me it was and he would send a confirmation the next day. I couldn't locate my bankruptcy case so I became uneasy. I didn't hear from him until 10 days later. By then, I found out that my house was foreclosed and posted on an auction website. After multiple emails and phone calls, he finally emailed me that the bankruptcy wasn't filed. He told me he could do it right away. Of course, I don't want him handling anything for me anymore.
2 ANSWERS
If you hire a replacement attorney, no doubt the first attorney will gladly sign a document called substitution of attorney. Otherwise, you can file a motion to remove your attorney and have the court act to fire him. Getting your money back may be a bit more complicated.
Answered on Sep 05th, 2017 at 11:40 AM
Since he hasn't filed for you just ask for your money back. If he made commitments to you he didn't keep and you have documents/communications to support your claim you can file a complaint with the California Bar Association: it won't get your money back, but it might make him more diligent in the future.
Answered on Sep 04th, 2017 at 3:48 PM