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Dear lawyer, I am filling my Green card with a lawyer, paid…

Customer Question
Dear lawyer, I am filling my...
Dear lawyer,

I am filling my Green card with a lawyer, paid 50% of the service fee.
I have received the PERM certified by DOL, and the attorney was asking for the balance of 50% attorney fee. I have signed the agreemeent that states:
"If this fee agreement is terminated, any fees paid to the lawyer prior to the termination will not be refunded. In addition I also agree to payoff the second installment prior to the termination of this fee agreement."

I decided to leave the country due to personal issue, the lawyer has forwarded the case to their legal counsel and wants me to make payment to the balance due + late charge + legal counsel fee if payment not made by xx date.

Please advise:
I understand that this will leave me bad credit.

What will happen if payment is not made :
1. Can they contact my employer for the payment due?
2. Will I be responsible for the legal counsel fee involved ?
3. What will happen if I leave the country.

from,
worried gal
Submitted: 8 years ago.Category: Immigration Law
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Answered in 7 hours by:
6/27/2010
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,050
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

You need to contact the California Bar Association and request a fee dispute resolution.

It does not seem ethical that the lawyer requires you to pay the balance of a fee if you are not going to use the balance of their services. You should only have to pay for services up to the point where you terminate the agreement and do not go further with the case.

The lawyer in CA is required to participate in arbitration if you request it. Here is the link.

http://www.calsb.org/state/calbar/calbar_generic.jsp?cid=10166

 

Judith

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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Customer reply replied 8 years ago
The link http://www.calsb.org/state/calbar/calbar_generic.jsp?cid=10166
didnt seem to work.

1. Can they sue me on this?
If so, do they need to first issue a summons?

2. How will summons be issued? In a form of letter mailed to me?
If I do not accept the summon, does this mean they can never send me to court?

3. Do they have the rights to have their legal/ collection agency to contact my employer?
I really dont want this to affect my work.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

Here is a working link - sorry

http://www.calbar.ca.gov/Attorneys/MemberServices/FeeArbitration.aspx

 

Yes, they can sue you. That does not mean you owe the money, but they can file a suit and serve you with a summons. If you don't sign for certified mail they can hire a personal process server to find you and put it at your feet and that is considered service.

It is unlawful for them to contact your employer.

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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Customer reply replied 8 years ago
Dear Judith,

They have contacted my employer and claim that I have a payment due, they also informed my employer to inform me about it and they will send it to the collection agency so that I have a bad credit. I don't know why are they doing that since this is my personal business, there is nothing to do with my employer. I feel like they are just trying to harrass me with all these emails, if there is something they can do about it, they should have already done so instead of contacting my employer.
Since it is unlawful for them to contact my employer, what should I do now?

Yvonne
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

You need to do as I told you above and contact the CA Bar at the link I gave you! I have told you the steps to take and you don't seem to understand.

Please go to the link file a complaint against the bar.

It would cost you thousands to hire an attorney to pursue an action against them - the link I gave you won't cost you anything.

 

Judith

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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