QUESTION
What do I do about a non-responsive attorney who is suing me?
Asked on Oct 10th, 2017 on Breach of Contract - Utah
More details to this question:
Hi, The lawyer representing the client who is suing me won't respond to my questions that I have sent through emails. I have the money to pay the client but the lawyer has one payoff amount and I have a different one based on an amortization table the client and I agreed to back in 2014. I've emailed the attorney asking for an explanation of the difference but haven't had a response. I've also asked how the attorney would like the payment, e.g., cashier check, wired from my account, etc. Since I'm eager to pay off the loan, what is my next step? Thanks
2 ANSWERS
Stop trying to contact the attorney privately, he doesn't represent you and has no obligation to you. Use the procedures available through the court. You're being sued. You can use the procedures available in lawsuits to obtain discovery, i.e. to learn information relevant to the case. There may also be procedures available (not sure because I don't know Utah procecure) to make an offer of settlement, to seek summary judgment on the issue of hte amount of damages, etc. If you can't afford to hire a lawyer, the clerk of the court and/or legal aid may be able to help you.
Answered on Oct 11th, 2017 at 8:32 AM
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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If you are being sued, you really should get with your own attorney to fully review the matter and challenge any potential problems with the case. As you are being sued, you may be liable for attorney fees and costs for the other attorney.
Understand that the other attorney has no real obligation to talk with you. Sounds like you need to go through formal discovery to force disclosure of their position and how they calculate what is due.
Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com
Answered on Oct 11th, 2017 at 8:32 AM