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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35309
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Is a court dismissal false attorney's fee enough for

Customer Question

Is a court dismissal for a false attorney's fee enough for a lien to be lifted with my auto insurance company?
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good evening,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.
1. Dismissal of what? A lawsuit against you by your attorney for fees?
2. How did the dismissal come about? Is it a Dismissal with, or without, prejudice. Was it voluntary dismissal or court ordered?
This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.
Doug
Doug
Customer: replied 1 year ago.
I settled my PI auto accident June 2013. I had terminated an attorney after 40 days in 2012, and had another attorney afterwards. He messed up the case in 40 days; thus, my latest attorney dropped me. I then settled on my own, and the ex attorney I terminated sent my insurance company a lien letter for $15,530, after increasing it when he found out I had not other attorney's fees. Last year he filed a case for breach of contract at the Central LA Court, without serving me properly. HE NEVER SENT ME A BILL! HE WAS JUST BLUFFING, HOPING I WOULD GIVE IN. Today I received a court document for "REQUEST FOR DISMISSAL" requested by my ex attorney, dropping the breach of contract case. The Hartford still has my money. They issued a useless check payable to the ex attorney and me; however, I was not about to sign the money over to him that I don't owe. He had sent a letter for a lien, at the beginning of 2012 that denied. With the REQUEST FOR DISMISSAL court document dated this month, is my lien cancelled? Should Hartford give me my money now?
Expert:  LawTalk replied 1 year ago.
Does the request for dismissal read "with prejudice" or "without prejudice"?
Look at item 1a on the form.
Doug
Customer: replied 1 year ago.
The dismissal is a case filed by my ex attorney for a complaint for breach of contract, but he did not serve me properly. It is "Without prejudice." And under "Other:" It reads: "All causes of action as to Hartford Underwriters Insurance Company, Doe 16, and Does 17 through 30."
Expert:  LawTalk replied 1 year ago.
Hi,
You will note that not all Defendants were dismissed out of the suit. I presume that you were sued, and that there were also does 1-15. If not all the Defendants are dismissed, then the entire case has not been dismissed---just some of the Defendants.
That would mean that you have not won the case and that it is unlikely that the insurance company will release the settlement to you without honoring the lien by the attorney. It seems clear that you are going to have to fight the attorney in court and demand that they prove their entitlement to any of the money. You can do that by filing a voluntary Answer to the lawsuit that you are named in---even though you have not been properly served. That will force their hand, force them to litigate the case and get you to the end result in an expeditious manner.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
I just spoke with the insurance company and was told that the insurance company issued a check to the ex attorney and the attorney cashed it on 07/09/15, without my knowledge. The check was supposed to be in my name. What can I do?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  LawTalk replied 1 year ago.
As you have asked for a phone call, I will offer you that and I will process that offer to you after I get this posted to your question thread.
After you accept my offer of the phone call, would you please provide your phone number in the box entitled "Enter private contact info"? After you do that, please send me a quick Reply to let me know that you have posted the number, so I can call you.
Thanks in advance,
Doug