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Loren
Loren, Attorney
Category: Legal
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Experience:  30 years experience representing clients.
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I have been notified by my lawyer who has handled my fed. tax

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I have been notified by my lawyer who has handled my fed. tax case and offer in compromise for the past 8 years, that if I do not sign a promissary not on my home to insure my debt with him, he is going to take me to court. I have been paying him $320 each month for the last year via a bank check taken out of my account each month. I am divorced and my ex-wife still legally has ownership in the property, so I cannot sign on my own and she will never sign. I can't afford legal council as I am unable to work full time due to health issues. My original bill was $35000, I still owe him $19,000. Do I have to sign this note? Also I get bill each month for his correspondence...last month $350 for e-mails and phone messages...even a charge for sending me a bill. Is that normal?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

Before we begin, a bit more detail would be helpful please.

Do you have a written agreement with the attorney regarding the monthly payment of fees?

Who set this payment schedule?

Thank you.

JudgeLaw
Customer: replied 4 years ago.

While going through my divorce I worked for months off shore. When I returned I realized many debts had not been attended to, so I set up a payment plan with my lawyer Michael Mayhall, Covington, La. He wanted me to sign the promissary note at the time, but I explained why I could not. He has since been trying to get me to sign the note, knowing of my medical situation. I have told him that I could not do that without my ex-wifes consent. I have not signed anything promising to sign over my property.


 


 

Thank you, XXXXX XXXXX the additional information.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

There is nothing the attorney can do to force you to sign a promissory note to him. Additionally, if he tries to sue you, which is his right (and yours-to have access to courts), the burden is on him to prove that you owe him money. That means you can demand (even without a lawsuit) that he account for his charges and show how he arrived at his totals for the work that was done and the time spent. He must also show that all your payments have been properly credited.

Just remember, with attorney fees, everything is negotiable and nothing is written in stone.

Finally, if he is acting unethically in his representation, making threats or intimidating you, for example, you may want to consider filing a disciplinary complaint with the Louisiana State Bar.

It is my privilege to assist you. Let me know if you need further information. I hope I have helped you beyond your expectations in the service I have provided to you. I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Customer: replied 4 years ago.

I have also asked him to tell me what my APR is on the interest he is charging me per year for my debt and have gotten no response. Do I need to hire legal council if he takes me to court? I really cannot afford this at this time.

Thank you for following up with me.

He is not entitled to charge you interest without a prior agreement or disclosure.

You are not required to hire counsel if he sues you. I think he may not wish some of his collection practices to come before the court. That may be why he threatens, but never follows through.

You may want to contact the Louisiana Bar. He is not entitled to charge interest without some sort of agreement or disclosure.

I hope this is helpful.

JudgeLaw
Customer: replied 4 years ago.

...Thankyou....just received a registered letter notice from him...can I get back to you after I have picked it up and read it?

Sure. I will be here for you.
Customer: replied 4 years ago.

 


Thank You very much...feel a little less threatened....

You are very welcome. I am happy to have been of service to you and hope you found that service no less than excellent.

Thank you.

JudgeLaw

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