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My husband and I hired an attorney about 6 years ago to make…

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My husband and I...

My husband and I hired an attorney about 6 years ago to make sure I would receive my husband retirement when he passed with cancer. We went to court and I was granted a partial amount of the retirement. Then I received a letter saying that the QUDO was not figured right, so then they were going correct it . My attorney began sending me my payment OUT OF HIS OFFICE ACCOUNT.He told me he had not done something correctly. He setup court dates to appeal , I was told I would get the retirement but Teachers Retirement refused to pay me and continued to send the money to his ex. A judge spoke to someone there and ordered that I receive the money and TRS still refused to pay me. My attorney set up a court date several times then would cancel. Last August was the last date . He has refused to answer or return my calls since then. I paid $5000 and got nothing. I’m getting old and can’t remember all details but do have paperwork.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

Nothing except wait and try to call him. I sent a certified letter but never heard back

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am living off my SS and can’t afford to put anymore money in to this

Submitted: 2 months ago.Category: Legal
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Answered in 18 hours by:
5/30/2018
Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,105
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 2 months ago
I want my case finished after all this time. ! The attorney will not answer or return my calls
Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm sorry to hear about that. Does he still owe you money or work to be done?

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Customer reply replied 2 months ago
Work to be done
Lawyer: Legal Eagle, Lawyer replied 2 months ago

I see. For attorneys, one of the best ways to get their attention is to file a complaint with the State Bar of Texas. They are there to help protect the public from attorneys who are required to do work, but fail to do so. If you have work that he must complete, but hasn't, you can also take him to civil court as well.

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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