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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118708
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I visited an atty recommended to me by a friend to file

Customer Question

I visited an atty recommended to me by a friend to file bankruptcy 7 for me. He told me what papers he needed as well as the cost. Well, I took the counseling cours and then met with him taking all my bills. Etc. I paid in full 1550.00 on July 1,2016. At that time I expressed that I wanted to keep the car as long as possible at least till after the discharge. And the bank was being very aggressive. He faxed them that he was filing and would get them a case number ***** Apparently he had a wrong fax number and never followed up with a case number. July 15 they came and repossessed the car. My other bills which he advised me not to pay are now starting to call me as they haven't had a case number *****
He had never responded to my emails or phone calls since I saw him July 1st. There has been no filing of my bankruptcy to this date. (Checked pacer this morning) 1-1/2 wks ago I made a formal complaint with the disciplinary board but have not heard from them. At this point is it possible to just get a refund of my money and start over with a new atty this is very very nerve wracking to me.
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.
Since you made a complaint against him, you would need to pursue him in small claims court against him for return of your funds for failure to properly file your case as agreed. The bar does not authorize payment of funds, you would need to file suit in small claims.
Customer: replied 1 year ago.
what does the complaint board really do for me - give him a tap on them wrist. Will they demand he file or get in touch with me. If he even responds to them. And what happens if he doesn't. This is unbelievable. Here I'm not filed, out 1550 and in worse shape now than before.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The complaint board, the disciplinary committee, can issue sanctions against the attorney and discipline them for violations of the rules. He must respond to the disciplinary board or he would be disbarred.