Attorney didn't cash check we provided....a year ago. They just discover it now.
We were in a Ch13. We let it dismiss for non-payment so we could refile as a 7 with a new attorney. During the 13 the old attorney was paid $250 in Feb 2010 to file a motion to extend time to pay as we tried to catch up.
Now, today I get a letter from them saying they came across a check from us they had not cashed while they were doing their yearly audits and would we please resubmit the payment and they would then return the old check to us.
I'm laughing. Because seriously, how could I not notice a $250 check not clearing?? I'm waiting to hear back from DH to see if we possibly submitted an alternate form of payment. We had our checkbook stolen at some point last year, so we re-opened a new account, I just don't recall if anything like that played into this situation.
It's also funny, because you would THINK the attorney's office would notice they never cashed it. Even after dismissing, and closing, this attorney's office is still screwing up. They also never sent us a bill or anything. So in their books it must show our account is paid. But they came across a check. So, without a bill, without ever having been asked to pay, with the bankruptcy having been dismissed and the attorney not making any claims against the funds the UST had to disperse...do I still pay this? Or do I make them work for it and prove it wasn't paid, that it was ever actually billed to us, etc.
Now, today I get a letter from them saying they came across a check from us they had not cashed while they were doing their yearly audits and would we please resubmit the payment and they would then return the old check to us.
I'm laughing. Because seriously, how could I not notice a $250 check not clearing?? I'm waiting to hear back from DH to see if we possibly submitted an alternate form of payment. We had our checkbook stolen at some point last year, so we re-opened a new account, I just don't recall if anything like that played into this situation.
It's also funny, because you would THINK the attorney's office would notice they never cashed it. Even after dismissing, and closing, this attorney's office is still screwing up. They also never sent us a bill or anything. So in their books it must show our account is paid. But they came across a check. So, without a bill, without ever having been asked to pay, with the bankruptcy having been dismissed and the attorney not making any claims against the funds the UST had to disperse...do I still pay this? Or do I make them work for it and prove it wasn't paid, that it was ever actually billed to us, etc.
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