Strange Attorney Actions

[ladycee]

Yes, well looks like you've got it down pat.

and 30 collectors is better than 79 lol.......btw ..have you checked out the term limits for debts in your state?......

eg, Here in Pa it is 4yrs..........if no activity within that time frame.....they can no longer collect the debt. This is why we get all those calls. If the collector manages to get you to discuss the debt over the phone, they document this as "activity" and bump up the deadline.

This is also why Discover took me to court. Because I would not answer the calls.

I was actually hoping to ride out the 4yrs .....but that also means answering them in court to prove there was no activity during that 4yr period.

Make sure that you register for PACER. that is the only way I noticed 2 cockroaches filing for Noticee of Appearance. Certainly my atty did not tell me.

and also even before I registered for PACER the Court sent out a "Notice of Presumption of Abuse",....why? Because this Kimberly Bonner who filed the "Appearance" left off her address and the court viewed it as the debtor leaving off pertinent info about a Creditor.

the only thing atty told me: "you need take no action" they know who all the cockroaches are.

http://www.pacer.gov/

You might even find it handy to monitor the CMC case you are involved with too.

Only .08 cents per page.....charge it to your checking acct. Gets billed quarterly. I think I charged it via PayPal. My PayPal charges directly to my c/a ...no cc's involved.

Don't need cc's anymore cause I have a combination atm/debit card with my bank. the debit card goes thru anywhere that accepts VISA. Just have to make sure the monies are in the bank. I also set up automatic payment for mtg, car, car insurance thru bank.

So what is NOLA? Never heard of it....I am new here...

thanks again dumpin,

Chris

[sunshinepa]

Lady

I want to totally avoid your attorney.......in the Middle District too and have not shopped around yet..........holding off on it due to some cash advances, balance transfers that need to age till DEC.

I do have some names but if possible, can you PM me and let me know who you used...........really really need to avoid yours!!!!

Thanks!

[ladycee]

Sunshinepa,

Not really sure what is allowed and what is not allowed with giving actual names and references. Don't want to get into any trouble.

Also don't know HOW to PM anyone. Remember I am new here. Just went to forum rules and not sure what the rules are about giving out references.

If you wanted me to PM you, why didn't you PM me?

Need to verify your identity befoe I PM you.

Chris

[ladycee]

ps Sunshinepa...

An attorney who displeased me, might actually work differently with you. I will try to find a Link I had found about the most important questions to ask when you consult attorneys.

First, the initial consultation should be FREE.

I will post that Link about HOW to interview attorneys.

Hope someone will chime in here about what is allowed and what is not allowed?

Cheers,

Chris

[BNKRPTinNC]

Just click on the poster's screen name and it will give you the option of sending a "private message" and go from there. You can send anything "privately" to another it's certain things that are not allowed on the open forum. I do believe there is a sticky that has the forum rules that will explain what is and is not allowed.

[ladycee]

thanks so much BnKRPTinNC,

Even so, don't want someone running back to my atty and messing up my present situation worse than it already is.

Will try to find that sticky.

Thanks,

Chris

[sunshinepa]

Hi Ladycee.

Can you PM me and give me your attorneys name please? In Middle District of PA also and really want to avoid yours.........LOL. Have not met with any yet as I am waiting until DEC or JAN to file due to cash advances/bal. transfers that have to age.

Anyway, want to start shopping soon for atty. I know you can't put the name in the forum but perhaps a PM? I would appreciate it.

Also, good luck with all. I do know from another forum member in my area that the trustees in PA are very nice and you get little hassle.........that should work in your favor!!!

[sunshinepa]

Whoop Lady ........see you already answered me............sorry for the double post although it does add some info for you. I will PM you.

[tobee43]

ps Sunshinepa...

An attorney who displeased me, might actually work differently with you. I will try to find a Link I had found about the most important questions to ask when you consult attorneys.

First, the initial consultation should be FREE.

I will post that Link about HOW to interview attorneys.

Hope someone will chime in here about what is allowed and what is not allowed?

Cheers,

Chris

whether it's allowable or not is really not in question. as you pointed out, just because your experience has not been what you consider as the best, one may not have any difficulty at all with the firm or atty.

first impression interviews are not always an effective way of making the choice of atty you want to use.

some clients, whether the atty is an excellent one or not, are just simply difficult to deal with.

while, one may "list" guidelines as to "how to" chose an atty...there are many more factors that should be involved. basic questions, are, of course important.

remember a bankruptcy situation is a highly charged emotional experience. personally, i didn't want a loud mouth mr or ms knowitall type...been there, done that...i wanted someone that would do what I ASK THEM TO DO for me.

keeping that in mind, your thread has indicated that one would want to stay clear and cause some concern to those in your immeditate area...attempting to protect themselves...since much of what you have explained has been, to say the least, not very positive.

[sunshinepa]

yep tobee,,,,,,,,,,,,that's the impression I got of the atty.......why I asked. But do understand reluctance because as you said, it's quite emotional. Being new, Lady probably is just cautious and concerned about rules and such
as I was when I first came on here.

Bottom line..........we are all in the same boat and trying to stay afloat, this forum helps us all do that......I love it.

Have learned so much, and believe 99% of the folks here are just trying to stay sane, take care of their families and/or self. I for one know that once I do retain atty.........file and such, I will be reporting each step in the hope I can help others who still have to get through this.

You all are great!!!!!

[ladycee]

well, first of all, asking the "right" questions from the very beginning will not only help you evaluate what you can expect from the attorney, but will also alert him to the fact that you "know" what you are entitled to expect from him/her.

if I remember correctly, the advice was to interview as many atty's as you possibly can. So, my advice is not to wait until you are ready to file, but to do so now. ASAP.

This was advice that I saw "after the fact". The senior atty was who interviewed me was very personable, kind and understanding....and he was the reason why I decided that he was the attorney for me.

Problem is, he disappeared from the case after that, and if the junior atty had interviewed me....trust me......I would not have gone with them.

Therefore, the first and most crucial question to ask is: Will you be with me through the whole case. Will you be "available" if I have questions or concerns? and will YOU be the one to appear with me in Court? Not another attorney or paralegal?

There are other questions of course.

Now, as far as giving out my atty's name.......I did not post here in order to destroy my atty's reputation. I posted to get advice on how others would think I should proceed.

Remember, I have chosen so far to keep this atty. I still have a "relationship" with him and I am hoping that he will complete the case for me satisfactorily and will keep the board updated on that.

So perhaps Sunshenipa, you should view this as one person's methods of dealing with conflict between atty and client.

You can PM me the list of atty's you have, and if I know of them, and that (I think) they are reputable. I will try to respond.

Meantime, I will look for that list of questions to use in the initial consultation, which I wish I had seen before.

K?

Chris

[tobee43]

yep tobee,,,,,,,,,,,,that's the impression I got of the atty.......why I asked. But do understand reluctance because as you said, it's quite emotional. Being new, Lady probably is just cautious and concerned about rules and such
as I was when I first came on here.

Bottom line..........we are all in the same boat and trying to stay afloat, this forum helps us all do that......I love it.

Have learned so much, and believe 99% of the folks here are just trying to stay sane, take care of their families and/or self. I for one know that once I do retain atty.........file and such, I will be reporting each step in the hope I can help others who still have to get through this.

You all are great!!!!!

yes, sunshine, i understand and very much agree with you. being new on the forum, many people have certain expectations, both from their atty's and from the people on this forum.

as i stated and many times it's the case, some clients are just difficult, period. some to the point the atty's actually withdraw from their cases...as i have seen on this forum as well.

pa has always been known to be a "more" friendly debtors state. unless someone has expressed they are stashing an extensive amount of assets...which should be atty client privledge anyway...one shouldn't worry in that the courts are going to be storming thru ones house looking under the beds for things to sale...this simply is not the case, unless the client has been dishonest. believe me, the courts just don't have the man power to do that...and they would be looking at many of those living in million dollar houses as opposed to someone living in a house worth 150k or so...once again, unless they, themsleves have casted that doubt. (not that i'm saying it's impossible..just extremely NOT likely).

personally, i interviewed with many atty's ...most insisted we went 13...it was a 7 or nothing for me...and i knew the numbers would work if i found the right person.

it's always best when one picks their OWN atty, as opposed as someone getting one for you...that's not a great way to begin a relationship at all.

good luck with you finding an atty...i'm certain you will. just let them know what the bottom line goal that you are seeking, and make certain they feel comfortable that they will able to help you be successful at reaching that goal.

[tobee43]

And if you read, I said I'm not putting all 79 down. I sorted them by the date the letter was sent and I'm only listing the original creditor and the most recent collector. That will only be like 30.

dumpin...NO!!! put EVERYONE and their mother on down...EVERYONE...every collection agy...as well as where they came from....i don't know where people get their infomation...but if you're doing this pro se....it's better to be safe than sorry...there is no turning back.
you can't name too many on the petition....OVERKILL...is what i say...cover your butt and then some...

read some of these post where someone left out a collection agy....and found out they never listed the actual company....they still owned it after the discharge. don't take ANY chances...

i.e. amex has each of our accts on our credit report twice...one account listed in BOTH our names...so we listed them twice PLUS there collection agy...absolutely!

LIST all 79 and on second thought NOT only name their mothers... like i've stated...but it wouldn't hurt to add their dads either!! LOL!! (and don't worry about amounts...just make absolutely CERTAIN you have the correct address of each one...and account numbers that's the MOST important so they get their notices from the courts correctly).

remember...i've been there and done that...it's just safer for you.

[jmjm]

My mother filed for bankruptcy 2yrs ago and it was settled by the judge at that time for her debt she had in credit cards only. Her lawyer has been contacting her now 2yrs later stating that there are trustees that want to see all the paperwork she had origionally submitted and more. Its like she is going through this all over again, on top of this lawyer charging her alot of money. If this was supposedly handled by the court 2yrs ago, why is this popping up again now? She had given her house to her daughter rececently as well, should she take her name off of the deed and add them on to avoid anything that might come about considering the bankruptcy had gone to court 2yrs ago and was settled then? any answers will help , thank you

[ladycee]

jmjm,

I am not a legal expert by any stretch of the imagination. Why not ask the lawyer WHY?

Chris