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Hired a law firm to help us with a loan modification. After

 
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  • Answered by:LegalBeacon
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Customer Question

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?

 

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Country relating to Question: United States
State (if USA): California

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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.

Submitted: 292 days and 19 hours ago.
Category: Legal
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  LegalBeacon replied 292 days and 19 hours ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

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 a
judgment awarded, you become a Judgment Creditor and can have the sheriff serve
a summons on the losing party for a debtor examination. That forces the losing
party to meet the judgment creditor in court and answer questions under oath
about the losing party's assets. After that
information is obtained, the judgment creditor has the power to attach bank
accounts, 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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to be of service to you. Please be aware that the information provided here is
not legal advice. Rather it is simply general information. All states have intricacies in their laws
and any information given is simply information only and specifically is not
intended to be, nor does it constitute, legal advice. This communication does
not establish an attorney-client relationship with you. I hope this answer has
been helpful to you.





Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.3 %
Accepts: 13989
Answered: 7/19/2012

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