Tell me what to do

[tinfoilhat]

Have I retained an attorney? I really do not know.

*I just got a call back from them as I was typing*

I paid $300 of the $500 retainer fee. and their paperwork says the full $500 has to be paid in 30 days or they discontinue services. It's coming up on 30 days. I offered to pay the full balance now (for filing a chapter 7) which is $1649

Apparently they are in the process of moving the office and 'lost' my paper work from before. They have no record of me paying the $300

I have a reciept from when I paid cash, they lost theirs.
They wanted me to email a copy to them, instead I said I'll (take the hour drive and) come by the office because I'm feeling a bit uncomfortable about the whole deal now. (you know paying and them losing track of the cash, and me wanting to pay $1649 more so what they can lose track of that too)

Should I walk from the $300 and find someone else?

I (thought I) hired this guy as a retainer because I was issued a summons from a CC company and had one lawfirm getting ready to settle it for $2500, this guy told me to rescind that offer and he'll take care of it through the BK in november when I file. (That would be $2500 saved or put toward BK with $500 or so left over.)

So what if they lost that too, or more like never did anything about it?

Would you feel comfortable giving this guy $1649 after this?
What should I do?

[DustinLH00]

I would feel uncomfortable with the situation. Will you be able to get the $300 back? I understand moving can get confusing and complicated, but they should have software on their computer for tracking clients and billing. So even if they "lost" the receipt, they should still have their computer.

That is my opinion at least...

Have I retained an attorney? I really do not know.

*I just got a call back from them as I was typing*

I paid $300 of the $500 retainer fee. and their paperwork says the full $500 has to be paid in 30 days or they discontinue services. It's coming up on 30 days. I offered to pay the full balance now (for filing a chapter 7) which is $1649

Apparently they are in the process of moving the office and 'lost' my paper work from before. They have no record of me paying the $300

I have a reciept from when I paid cash, they lost theirs.
They wanted me to email a copy to them, instead I said I'll (take the hour drive and) come by the office because I'm feeling a bit uncomfortable about the whole deal now. (you know paying and them losing track of the cash, and me wanting to pay $1649 more so what they can lose track of that too)

Should I walk from the $300 and find someone else?

I (thought I) hired this guy as a retainer because I was issued a summons from a CC company and had one lawfirm getting ready to settle it for $2500, this guy told me to rescind that offer and he'll take care of it through the BK in november when I file. (That would be $2500 saved or put toward BK with $500 or so left over.)

So what if they lost that too, or more like never did anything about it?

Would you feel comfortable giving this guy $1649 after this?
What should I do?

[tinfoilhat]

I would feel uncomfortable with the situation. Will you be able to get the $300 back?

My guess is no. I guess I'll ask if they did anything and what they did about the summons. If they did nothing, I think I should get my money back.

[frustrated7]

I would be very nervous about continuing with that attorney. "Losing" $300 and no record of it would worry me to no end. Can you honestly trust this attorney and office to not "lose" something important to your BK process? It was probably an honest mistake, but I don't think I could continue with an attorney I didn't trust.

I hope you can get your money back. Let us know.

[AngelinaCat]

Even if you end up being *out* of the $300.00, you are far ahead in that you know the competence level of this attorney and his staff. I would run as fast as I from this situation. There are other attorneys out there.

Good luck to you~~

[LuciluS]

I know when we met with our BK Attorney last Sept. he was in the middle of moving. Our contract read he needed to be paid in full in three months. I had paid him all but $300 in those three months, but just couldn't come up with the rest of the $$ and he said fine - $300 is around the filing fee.

I would make the hour drive and demand extra time to pay the additional $200and get it in writing, even if it is hand-written by the Paralegal but make darn sure the Attorney signs it. Why? Because you need time for them to find the Original Summons OR you need time to produce the Summons from 'somewhere' to visit with other BK Attorneys'. Please don't give them the only copy of your $300 receipt. Go by Kinkos, Staples or somewhere and make a copy of your receipt.

Just my opinion on the situation.

[jb300]

I would run to the next attorney. I would not feel comfortable with them losing things like that.

[liz417]

I don't think i would feel comfortable with this attorney. What else are they going to lose when the paperwork starts coming in?!?

I'd ask for the $300 back...obviously they haven't done anything...

[broken64]

I agree, if they messed this up God only knows what they will do with the rest of the case. Run and don't look back.

[tinfoilhat]

Well I went and initialed another set of papers, same as before.
The papers say Agreement to Represent. They look like a copy of a copy of a copy-well worn down. And he photo copied my drivers license.

The guy acted ashamed that the other papers were lost and actually said 'it's hard to find good help these days'

I know the first time I went it was just him and someone else there, this time there were at least 8 other workers there, if that even matters.

I said I was originally calling to see if I owed anything, and was going to pay the balance in full but now I feel very uneasy with that seeing how I was told that my whole file was lost. He said in a calm voice 'look, I know you made the payment, all payments are kept in a trust account until the case is closed' (that still doesn't mean I'll ever get a refund if they lose anything)

So he still has the $300, and from what I gather all that gets me is the ability to give a debt collector their number so the calls stop. (they stopped the day I got a new phone 1 1/2 years ago) And he said if someone files a garnishment, judgement something or other we could file earlier.

The reason I have to wait until november to file is because I have to spend up the cash I deposited into a new bank account, cash from selling a car. I guess thats a good thing because they need six months of bank statements, and on my old bank account I have deposits made in the form of checks my dad gave me so I could buy stuff for him with his money and my bank card (he's 100% disabled and on O2 24/7)

So, the final word is to live normally for 5 more months and just call to get an appointment and go file. (and see if they remember me )

Seems it's best to wait no matter what so even if I go with someone else it will just be a matter of losing $300 and walking in and filing.

They do seem to have moved from ft lauderdale to wpb.

So I don't know, should I stick with this guy?
If not I can wait 5 months and start over with someone else. There is a real good BK lawyer 5 minutes from my house.

At this point can I just go with someone else and not tell this guy anything?

[RainMoM]

I for one, would not go with that attorney, if you have a bad gut feeling about him. But my question to you is, how come you didn't go with the " real good bk lawyer" near your house in the first place ? He's only 5 mins away instead of driving an hour out of your way ? godd luck to you,

[tinfoilhat]

I for one, would not go with that attorney, if you have a bad gut feeling about him. But my question to you is, how come you didn't go with the " real good bk lawyer" near your house in the first place ? He's only 5 mins away instead of driving an hour out of your way ? godd luck to you,

Well it's awkward. I've had informal consultations from him three times. Twice I just walked in and he had time to talk, once on the phone.

But the reason I didn't go with him is because I tried to show him the summons I was issued, he didn't even want to look at it.
He just said I'd been sued and need to take care of that before filing and he can't do anything with it. That might have been a 4th visit and he was somewhat busy.

So I did what he said, I got another attorney to take care of it.
I just signed a $2500 settlement offer on that the day before I went to the BK attorney an hour away (the one this thread is about)

This BK attorney said thats not a wise move at all because I can do a complete chapter 7 for $1950. He told me to rescind that $2500 offer, that will delay things long enough that it will be wiped out with a chapter 7.
And if I want to hire him as a retainer he would take care of any other summons, CA's, whatever comes up.

So whatever I do I feel it should be done in 5 months, I'm ready now except for my bank account.

By that time I should be able to see if they've moved in and have me on record still, if not maybe the attorney 5 min away will have forgotten my stupid questions and can take my case.

Added in edit: the attorney 5 min away I talked to almost 2 years ago and asked some real ignorant questions, like about transfering assets, etc. Not like I was going to do it, but asking "so I can't just put my car in my brothers name before I file? " I think he may be suspicious of me, although he's never acted that way.
Now I know a lot more about BK and I'm confident my case would not look suspicious, it's not, it's very well thought out and planned.

[tinfoilhat]

Another reason I picked the guy an hour away is because their ad says they have an office in my town. When I asked about it he said "we don't get up to that one much"

NOW, I just realized I have another consultation scheduled for tomorrow, not far away from my house, never talked to this guy.

Should I mention my dealings with this other BK attorney?

[RainMoM]

No.. No need to mention the other Attorney.. Just make a list of your questions, and feel him out and see how it goes.. As for you thinking that the attorney thinks you asked stupid questions, there is no such thing !! We all have questions and I'm sure he's heard em all before , in other words, your not the first and you won't be the last ! Keep me posted hope everything works out for you, and you find the right person who cares enough to get the job done good luck

[tinfoilhat]

Well I went to yet another attorney today, not even 5 minutes from home, never talked to him before.
He recommends I do a chapter 13. He wasn't a customer butt kisser like the other ones, as in yea everything will be ok, just pay and I'll make it ok, don't worry. None of that BS. He seems very diligent, to the point, etc.

I told him about the other attorney losing my file, I can't explain his reaction, it was just of disappointment that someone in the same business as he is being so incompetent.

I've been focusing only on chapter 7. I need to read up on 13 now. (he also told me to stay off the internet and worry about my own problems. Probably because I told him I read a lot and was told this and that. He didn't say any of it was bad info though)

He said I can fill out the forms, take the CCCS test online, and file as soon as I want. I don't have to wait 180 days.

He also said the ch7 trustee's want to rob you of every cent, the ch13 are way more lenient. I realize this may be a regional thing but does it hold true elsewhere?