Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I certainly understand the situation and your concern. Would you mind sharing with me if the case is still open/pending with the court? Have you had a chance to compare this new complaint to the previous one you were served with?
Thank you for the additional information.
You certainly have a good faith basis to dispute any additional fees which they are trying to add on top of last years claim. The reason being, is that it sounds as though the previous attorney took no action to move the case forward or respond to the contested form you filed, which resulted in new counsel being hired. Moreover, if the file a new case and it is based upon the same cause of action as the last one, you would have a valid motion to dismiss to file, attacking the new case, since it is already pending before the court. They would have to dismiss the first one, if they wanted to proceed on the new one. If this happened, they would only be entitled to the fees from the new case, since the older case and the dismissal, was a result of their own fault
Thank you for the follow up question. If you had a repayment plan and defaulted on it, then they would legally be allowed to go after you and sue for the debt. In doing so, they would be entitled to recover all fees and costs associated with it, along with attorney fees, if allowed under the contract. Since you defaulted, they have no legal obligation to reinstate the plan or work out a new one. That is at their own discretion. Had they filed the first case, you responded and they failed to proceed and filed a new claim, you certainly would have a legal basis to have the new case dismissed, since there would be two pending cases, from the same cause of action. Based upon what you just described, it would appear they did not respond since you were able to work this out. However, they should have then dismissed the case and closed it out, so it would not still be pending with the court
Yes, 100%. This is a legal matter and you do have every right to contest it and raise any defenses which you may have. Moreover, the attorney can also likely work out a settlement, if you did not want to go to trial and see if the Plaintiff would accept less then what they see and allow a payment plan, to pay this off.
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