Legal Question in Business Law in California

Out of control attorney

In order to avoid costly litigation we

have agreed to pay an obligation. We

make monthly payments to these

people by sending checks to their

attorney and he forwards the checks

to them. I mail them Priority Mail

with delivery confirmation. I did the

same with January and February and

I have confirmation from the United

States Post Office that they were

delivered to this attorneys office. The

Attorney is denying ever getting

them and telling us that a cashed

check is the only proof that payment

was made. So, if these people don't

cash their checks then we haven't

made payment and they charge us

interest and threaten foreclosure. My

husband took replacement checks to

this attorneys office and they refused

to sign anything acknowledging

receipt of these payments. Basically

what they are saying is that we are

responsible for the checks being

cashed. If they don't give them to

their client or they lose them we are

held liable. This cannot be legal or

ethical. What do we do?? We cannot

afford an attorney and this guy is

way out of control.

3 Answers from Attorneys

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