Attorney Fees after 341

[GHG7F0]

The only contact I have had with my attorney after the 341 which was about 30 days ago is a email asking me if I wanted to reaffirm two cars and a mortgage. I replied that I did not, I had told her prior to the 341 that they have a ride through policy at USAA.

I open my mailbox today and I received a bill for $120 plus about $79 for driving to the 341, photocopying etc. I can live with the $79, though I think it is ridiculous, especially since I paid a total of $2900 for the chapter 7.

I think the $120 is really ridiculous for a short email I never asked for.

What do you think, am I wrong?

What should I do?

Thanks...

[IHateChase]

What does your contract say?
2900 is on the higher end for a 7. I'd have expected the 341 included for that. Is your filing fee is accounted for in that amount as well?

[keepsmiling]

My attorney dh is very dismayed to hear this. He thinks the court would not allow this.
I could see them charging extra for an AP- that seems to be standard- or perhaps to make the reaffirmation. But to charge you for asking? I'd call that chutzpah.

[GHG7F0]

The 341 was included, but the filing fee was not. The contract states I'm responsible for anything after the 341. I would assume that since I told them before the 341 that the bank does a ride through they wouldn't charge me for a short email at $120.

[GHG7F0]

I can't believe they would really go after me for $199, like I say I would probably pay for the $79 for photocopying, parking, postage etc., but the $120 for a very short email asking me doesn't seem right. This $120 of course included that they had to read my short response, basically saying no.

[sunshinepa]

I do believe I would read my contract very thoroughly, never heard of anyone getting charged for driving to a 341! I personally would be on the phone regardless of what the contract says.......raise a fuss, that's insane charges. Good luck!

[HHM]

That is odd. Most courts have a directive that attorney fees include attendance at the 341 meeting as part of the basic services of a chapter 7 bankruptcy.

[ecoastbound]

That's crazy! I paid a total of $1629 for our chapter 7 and that includes everything; the attorney fee, filing costs, both credit counseling courses and any and all emails and phone calls.

[HHM]

$2900 is not unreasonable per se, (after all, it is CA), but charging for the 341 is not common. I don't really question the amount. You can always find CHEAP attorneys, you need to go with one for which you are comfortable. The OP may have had some complexities.

[ecoastbound]

That's true...case by case basis. I didn't know if what I paid was high or low when I hired my attorney but now I know its pretty decent. And he came highly recommended and so far he has been fantastic.

[GHG7F0]

The attorneys charge anywhere from $1500 to $2900 as in my case. I used this attorney as I was way over median and she was the only one that said I could do a chapter 7. Their were no other problems besides being over median. She didn't charge me for the 341. The contract states she charges for anything after the 341. It also states she can charge for mileage, copying etc. This is why I'm ok paying the $79.

She sent me a bill for a short email asking if I wanted to reaffirm on two cars and a mortgage. I sent a email back and she charged me $120 for both sending the email and reading my short email that said I didn't want to reaffirm. The $79 was for postage, copying and mileage to the 341.

I guess I could just not pay it. Would they really take me to court over such a small amount?

[keepsmiling]

One we interviewed wanted 3500. Yes, for a simple 7.
Cheapest was 1800. And he's highly ranked on Avvo, and in a pricier town.Smaller office tho. Go figure.
Even so, this penny ante stuff is irritating.

[BobMango]

Seems to me if your contract stated that anything after the 341 was not included, then you have no obligation to pay this attorney for attempting to solicit more business from you. I agree you may need to pay the other fees per your agreement, but if you did not initiate the contact after the 341 I'd certainly be pushing back. My experience is that many times they bill for anything they think they can get and just drop it if there is any push back.

[karm43]

hm they could probaly put it on your credit score as being unpaid. Chap 7 your good and do not have to pay for 5 long years. I would just pay and get them out of your hair. just sayin

[GHG7F0]

I think it will be best just to pay the $79 as it is in the contract and don't pay the $120 as I didn't ask for them to send me a email. I had already told them my bank does a ride through. I can't see them taking me to court for $120, my credit I don't care about a this time. If they push to hard they have attorney fee dispute in my county.