Hired a law firm to help us with a Loan modification. After 9 months they weren't able to do anything. Requested a refund and agreed to half of what we had already paid them. They had me sign a settelement & release of claims agreement and I was supposed to be paid within 21 business days...its been 25 days now. What to do?
Country relating to Question: United States
State (if USA): California
Emailed the law firm and they said they have experienced Fraud on their bank accounts. Said they would send out check monday, nothing has come in.
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Good afternoon. Since they are obviously tooling you around, file suit against them for Breach of Contract. But ask not only for actual damages, but also Punitive Damages due to bad faith. Once the suit is filed and ajudgment awarded, you become a Judgment Creditor and can have the sheriff servea summons on the losing party for a debtor examination. That forces the losingparty to meet the judgment creditor in court and answer questions under oathabout the losing party's assets. After that information is obtained, the judgment creditor has the power to attach bankaccounts, and/or have the sheriff seize other property to satisfy the judgment. You might want to let them know this is coming first by a letter sent by certified mail giving them a short specified period of time to pay. Let them know that in addition to the suit, you will be filing a formal ethics complaint with the state bar association.
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