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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117368
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Well I kinda have to explain the situation before asking

Customer Question

Well I kinda have to explain the situation before asking questions about my problem. I'm not sure if the statute of limitations has already ran out or not I'm in Alabama and in Dothan to top that off. Here is why I say that. My mom and I were involved in a fender bender cut and dry the others involved at fault. About a week or two later the insurance company calls us to see their account . We went the next day and he told mother $25000.00 would be all she could collect from the accident because that was all the insurance allowed. Mom felt she could get more because she had lost use of her right arm , her dominant arm. Moms arm was not set in the emergency room and had to wait for a month or longer, therefore it tryed to grow back together unset. Bone specialist told her it would not ever be the same again ,because it had a lot of scar tissue that it used to put the arm back the best way the body could. He told her he would
Have to rebreake it to reset it, then there was a great chance she would have to face surgery he was not sure what to do at this point. Well she went to her long time lawyer to find out what could be done. She was given great hope that more could be done, the case was taken. We saw the long time lady lawyer s husband . Well , mom died. I was called by this husband and told to get up there and sign the check that the insurance accountant had dropped off asap. I did. I signed a $25000.00 check over to what I was told going into moms estate trust. I left to go hold moms funeral and the next day cremate her. I was called again to come in and talk about moms case and estate, as well as estate executive. I was also told by this husband that if I needed any of that check to help tie up moms loose ends to let him know and he would go pull it for me. A week or two went by and I went to the office to see if I could pull some of the money to pay a $600.00 light bill. The husband said of course he would stop by the bank tomorrow and pull it for me. So, I go by the next day and asked about the money and it seemed he was unable to make it by the bank due to just plain forgetting. I reasked for the light bill, the lady lawyer was called in to take note of the need of the money pluse to be told that the house mom and I were living in had been going into foreclosure and I needed help. The next time I went to see if they had pulled the money from moms estate he came up with the excuse that his wife had gotten sick and he had been unable to make the bank in time. I tryed again to withdraw some money to help with the overwhelming bills coming in from moms departure. Once again she was called in to converse some information on executive of estate and to note a visit to the bank to retreave moneys for bills. Red flags started going up at about the fourth time I had asked for moneys but didn't receive any. I got a letter in the mail stating that their law office was relocating clients due to closing the firm and in this letter was stated that I was to resume my dealings with a named lawyer and were I was to find her. So, I went there with letter in hand and started telling her my story. She was given permission to investigat lightly, because she knew not what they were talking about and had not been informed of their situation. Well, she did find out some things that nither one of us was happy with. I was appalled. She asked me if I wanted to bring a bar investigation complaint against the former lawyer. I replied yes and I did. Well, there was incredible findings and facts found by the investigation that the former lawyer was arrested and disbared which led several months later to court. To make this part of a long story short they found that the lady exlaywer was only liable for $5000.00 of the original $25000.00. And her husband for the rest. Pluse they had 3 bogus statements of where I was supposed to have received such and such moneys at such and such time. The pages had my signature s on them but the documents themselves I had never seen before. The ex lawyer was also trying to make me pay her for helping me get my disability. The government pays them automatically out of back pay the disabled person gets she got about six thousand. Then she started claiming my mom had owed for some passed countcel. Mom made sure her debut s were paid in full every time she went to her I was there every time payment was made in full. Courts found her not guilty regardless of bonified evidence from the bars investigation. My questions , can I still take her to civil court in the state of Alabama year was around October 2013? Can I have this husband that had no license to practice in any way(I was under the impression at the time he was some sort of paralegal or legal aid). Not true). Charged in some way as impersonating a legal image, to falsely led me into his victom of fraud and thivery? What exactly can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The statute of limitations for breach of contract or to recover property in AL is 6 years from the date you discovered this fraud. So you can still take her and her husband BOTH to court for the money you are owed. You would sue both of them, since they were both involved in this matter and even if they try to claim bankruptcy, because this is a fraud they cannot get the debt to you discharged in bankruptcy.
At this point, I really suggest you hire a local attorney to sue them for the money that they falsely took from you and seek your justice.
You can also report the husband to the local DA for theft and for unauthorized practice of law and see if they would pursue charges, it is solely at their discretion as to whether or not to file criminal charges, but this has nothing to do with you being able to sue in civil court and you need to pursue that in addition to filing a complaint to the DA.